| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 45A/10 |
| Determination date | 26 March 2010 |
| Member | R A Monaghan |
| Representation | A S Menzies ; A Hope |
| Location | Auckland |
| Parties | Provida Foods Ltd v Davidson & Anor |
| Other Parties | Bidvest (NZ) Ltd t/a Crean Food Service |
| Summary | COSTS – Successful substantive claim – Successful counterclaim – Four day investigation meeting – Applicant sought $10,000 contribution to costs from first and second respondent jointly and severally – Applicant claimed $3,000 notional tariff rate appropriate, less $2,000 for variables including meetings that were not full days - First respondent sought $500 contribution to costs for successful counterclaim – First and second respondent argued tariff rate no higher than $2,500 – Respondents argued successful in interim matter – Argued $1,000 reduction to reflect first respondent’s successful counterclaim - Authority found $2,500 tariff rate appropriate - Found respondents not successful in defending interim application as resolved by respondents giving undertakings – Found applicant entitled to $1,000 contribution to costs for interim matter – Found penalty claim complex, required two full days therefore $6,000 contribution to costs appropriate – Found $7,000 contribution to costs appropriate - Found first and second respondent to share costs equally – Costs in favour of applicant - Found first respondent entitled to $500 contribution to costs for successful counterclaim |
| Result | Applications granted ; Costs in favour of applicant ($7,000)($3,500 – First respondent)($3,500 – Second respondent) ; Costs in favour of first respondent ($500)(Successful counterclaim) |
| Main Category | Costs |
| Cases Cited | Cliff & Anor v Air New Zealand Ltd unreported, Shaw J, 17 Nov 2006, AC 47A/06;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808;Provida Foods Ltd v Davidson & Anor unreported, R A Monaghan, 14 Jul 2008, AA 249/08 |
| Number of Pages | 4 |
| PDF File Link: | aa 45a_10.pdf [pdf 13 KB] |