Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 84/10
Determination date 23 February 2010
Member R A Monaghan
Representation J Roberts ; K Thompson
Location Auckland
Parties Simich and Ors v Air New Zealand Ltd
Other Parties Russell, Finlayson, Peters, Benge, Rowan
Summary COSTS - Authority did not approach question of costs on basis applicant having secured order for removal were successful parties - Applicants sought contribution to actual costs of $15,000 - Respondent argued applicant failed to serve copy of application for costs with reference to timetable in determination - Respondent sought order for $500 costs in own favour as circumstances of application for removal was sufficiently unusual - Authority found application for costs could not be addressed by respondent - Authority rejected applicant's argument documents as filed suffiecient to allow Authority to fully and fairly understand problem - Found respondent had incurred costs that should not have been incurred - Found circumstances of application for removal sufficiently unusual to warrant costs award in favour of respondent
Result Costs in favour of respondent ($500)
Main Category Costs
Statutes ERA s178(2)(a)
Cases Cited Horn v Greenlea Premier Meats Limited unreported, Shaw J, 2 April 2004, AC 20/04;McAlister v Air New Zealand Limited [2009] NZSC 78
Number of Pages 4
PDF File Link: aa 84_10.pdf [pdf 19 KB]