Restrictions OK
Jurisdiction Employment Relations Authority - Wellington
Reference No WA 9/10
Determination date 21 January 2010
Member G J Wood
Representation M Franks ; I Hard
Location Wellington
Parties ERS New Zealand Ltd t/a Transpacific Industrial Solutions v Knight and Anor
Other Parties Bob Morgan Drainage Ltd
Summary COSTS - Applicant unsuccessful party in substantive determination - Respondent's sought $12,375 full costs from applicants - Respondents also raised special damages claim - However, no sum specified for special damages - Applicant argued appropriate costs award should be $1,250 - Found while had special jurisdiction to award special damages in particular cases, were not claimed until matter determined by Authority - Found no claim for executive time could be made in circumstances - Found was complicated case involving extensive claims by applicant - Found appropriate costs $8,100 to be divided appropriately between both respondents - Found second respondent should recover all its reasonable costs - Found first respondent entitled to recover 80 percent of reasonable costs being $3,240
Result Costs in favour of first respondent ($3,240) ; Costs in favour of second respondent ($4,050)
Main Category Costs
Number of Pages 4
PDF File Link: wa 9_10.pdf [pdf 20 KB]