Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No CA 165/10
Determination date 23 August 2010
Member M B Loftus
Representation T McGunn ; N Wessels (in person)
Location Christchurch
Parties Diesel Doctor Ltd v Wessels
Summary COSTS – Applicant claimed costs incurred in obtaining respondent’s compliance with mediated settlement – Applicant sought $835 contribution to actual costs of $1,113 – Applicant claimed actions by respondent indicated failure to settle promptly deliberate – Respondent argued reluctant to conclude agreed settlement and considered there was unresolved matter – Respondent denied deliberately delayed compliance – Authority accepted applicant’s argument that respondent’s late compliance necessitated preparation – Authority not impressed with respondent’s arguments – Found respondent entered settlement and must be assumed knew ramifications given accompanied by counsel at mediation – Found respondent obliged to comply – Found contribution towards applicant’s costs justified in circumstances – Found appropriate to award full costs sought
Result Costs in favour of applicant ($835.31)
Main Category Costs
Number of Pages 3
PDF File Link: ca 165_10.pdf [pdf 13 KB]