| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 168A/09 |
| Determination date | 07 December 2009 |
| Member | J Crichton |
| Representation | J Costigan ; S Wilson, S Townsend |
| Location | Christchurch |
| Parties | Begley v Cropmark Seeds Ltd |
| Summary | COSTS – Unsuccessful application for urgent injunctive relief – Length of investigation meeting not specified – Respondent sought $5,000 contribution to costs – Applicant argued premature to consider costs before substantive matter heard – Authority found no application received for substantive hearing – Found application for interim relief different in kind from nature of substantive application – Found respondent’s costs reasonable in circumstances – Found applicant completely unsuccessful in application – Respondent argued applicant materially increased costs by failing to accept undertaking that would replace need for injunctive relief – Applicant claimed undertaking did not meet requirements and not reasonable to accept – Found undertaking ought to have been part of alternative remedy for applicant – Contribution to costs of $5,000 reasonable |
| Result | Costs in favour of respondent ($5,000) |
| Main Category | Costs |
| Cases Cited | New Zealand Automobile Association Inc v McKay [1996] 2 ERNZ 622;PBO Ltd v Da Cruz unreported, Colgan CJ, Travis, Shaw JJ, 9 Dec 2005, AC 2A/05 |
| Number of Pages | 5 |
| PDF File Link: | ca 168a_09.pdf [pdf 22 KB] |