| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 131A/09 |
| Determination date | 20 July 2009 |
| Member | A Dumbleton |
| Location | Auckland |
| Parties | A v Y Ltd and Anor |
| Other Parties | Z Ltd |
| Summary | COSTS – First penalty claim successful - Second penalty claim unsuccessful – Less than one day investigation meeting - Applicant sought full solicitor-client costs, including disbursements, of $28,624 – First and second respondent claimed full costs award would penalise respondents for second time - Claimed costs to lie where they fall appropriate given mixed success of both parties – Authority found full costs award not appropriate when breach of mediated settlement not intentional – Found high level of factual and legal complexity, however, short investigation meeting – Found contribution to costs of $3,500 appropriate – Costs in favour of applicant |
| Result | Costs in favour of applicant ($3,500) |
| Main Category | Costs |
| Statutes | ERA s149(4);ERA cl15, sch2 |
| Cases Cited | PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 |
| Number of Pages | 3 |
| PDF File Link: | aa 131a_09.pdf [pdf 16 KB] |