| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 463/09 |
| Determination date | 21 December 2009 |
| Member | M Urlich |
| Representation | M Broadbelt ; T Skinner |
| Location | Auckland |
| Parties | Northland Homebased Childcare Services Ltd v Borrie |
| Summary | COSTS – Respondent sought $4,415 full costs award at interlocutory stage of proceedings – Respondent claimed costs warranted as applicant withdrew application for compliance order and pursuing breach of contract claim with no reasonable basis – Applicant argued too soon for costs award as substantive claim afoot – Argued respondent on notice applicant intended to pursue breach of contract claim when received statement of problem – Argued reasonable grounds for claim – Authority found no reason to depart from principle more just to deal with costs on interlocutory application when substantive claim determined – No costs awarded |
| Result | Application dismissed ; Costs reserved |
| Main Category | Costs |
| Cases Cited | Data Group Ltd v Gillespie unreported, Travis J 22 Mar 2004, AC 16/04;New Zealand Automotive Association Inc v McKay [1996] 2 ERNZ 622 |
| Number of Pages | 2 |
| PDF File Link: | aa 463_09.pdf [pdf 15 KB] |