| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 70A/10 |
| Determination date | 29 July 2010 |
| Member | P R Stapp |
| Location | Wellington |
| Parties | Thompson v Asurequality Ltd & Anor |
| Other Parties | Affco New Zealand Ltd |
| Summary | COSTS – One day investigation meeting – Second respondent sought actual costs claiming substantive application hopelessly conceived – Second respondent successfully defended privity claim against applicant – Applicant defended frustration claim against first respondent – Authority noted privity matter novel issue but that was not unusual for Authority jurisdiction – Authority found 32 days was reasonable time to apply for costs where no timetable provided – Found applicant not disadvantaged by any deal with first respondent with costs outstanding from second respondent – Found Authority had no jurisdiction to award costs against National Union of Public Employees – Found as nothing exceptional about case and issues not matter for actual costs – Found applicant to meet some of second respondent’s costs – Found not matter where costs to lie where they fall – Found not to depart from usual daily tariff – Applicant ordered to pay second respondent $3,000 contribution to $13,980 actual costs |
| Result | Costs in favour of second respondent ($3,000) ; Disbursements ($120.68) |
| Main Category | Costs |
| Statutes | Animal Products Act 1999;Trespass Act 1980 |
| Number of Pages | 4 |
| PDF File Link: | wa 70a_10.pdf [pdf 14 KB] |