| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 381A/09 |
| Determination date | 15 December 2009 |
| Member | M Urlich |
| Representation | M Ryan ; B Quarrie |
| Location | Auckland |
| Parties | McIntyre v Whangaroa Big Gamefish Club Inc |
| Summary | COSTS - Successful breach of contract claim - Less than half a day investigation meeting - Applicant sought $6,000 contribution to total costs of $9,000 - Claimed costs should follow the event - Respondent purported to cancel settlement agreement without any grounds - Respondent’s actions without merit causing applicant unnecessary costs - $3,000 appropriate starting point for daily tariff rather than upper limit - Increased amount sought reflected respondent’s unreasonable conduct - Respondent claimed investigation meeting of short duration augmented by short telephone conference - Claimed costs increased by delayed commencement of investigation meeting caused by applicant - Respondent filed detailed submissions whereas applicant did not - Costs award not punitive - $1,500 appropriate award in circumstances - Authority found costs follow the event and award of costs warranted - Found no grounds for award at high end of tariff - Found purpose of costs not punitive or to express disapproval for conduct which did not relate to proceedings or unnecessarily increased costs - Accepting $3,000 as usual notional daily rate costs award of $1,500 appropriate - Respondent to pay $1,500 contribution to applicant’s costs |
| Result | Costs in favour of applicant ($1,500) |
| Main Category | Costs |
| Statutes | ERA Second Schedule cl15 |
| Cases Cited | PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808;The Chief Executive of the Department of Corrections v Tawhiwhirangi [2008] ERNZ 73 |
| Number of Pages | 3 |
| PDF File Link: | aa 381a_09.pdf [pdf 16 KB] |