| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 95A/10 |
| Determination date | 28 June 2010 |
| Member | P Cheyne |
| Representation | N Eketone-Te Kaniwa ; J Beck |
| Location | Christchurch |
| Parties | Cousins & Anor v Booth |
| Other Parties | Harris |
| Summary | COSTS - Successful arrears of wages and holiday pay claim - Half a day investigation meeting - Applicants sought indemnity costs of $5,015 - Costs sought included costs associated with mediation - Applicants claimed respondent failed to agree to mediation - Claimed respondent’s defence lacked merit - Applicants claimed incurred needless legal costs and much anxiety - Respondent claimed costs should be modest, usually assessed on daily tariff approach of $2,000 a day, and were not to be used as punishment or expression of disapproval - Authority found Employment Court had most recently stated daily tariff of $3,000 appropriate - Found no conduct which unnecessarily increased costs - Found respondent entitled to advance defence did - Found respondent did not act improperly in attitude to mediation - Found costs involved in mediation not relevant - Found no special preparation or research required - Applicants wholly successful and entitled to contribution to costs - Respondent to pay applicant $1,500 contribution to costs |
| Result | Costs in favour of applicants ($1,500) |
| Main Category | Costs |
| Cases Cited | Johnson v Gilligan Business School Ltd unreported, Travis J, 3 Apr 2009, AC 14/09;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808;South Tranz Ltd and Ors v Strait Freight Ltd unreported, Full Court, 8 Apr 2008, CC 3/08;Terson Industries Ltd v Loder unreported, Shaw J, 30 Apr 2009, WC 10/09;The Chief Executive of the Department of Corrections v Tawhiwhirangi [2008] ERNZ 73 |
| Number of Pages | 3 |
| PDF File Link: | ca 95a_10.pdf [pdf 12 KB] |