| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 211B/10 |
| Determination date | 30 August 2010 |
| Member | R Arthur |
| Representation | B Murray ; K Jones, G Bevan |
| Location | Auckland |
| Parties | Singh and Anor v J R Hospitality Ltd (in liquidation) and Ors |
| Other Parties | Singh, CG Hospitality Ltd, Bolliwood Ltd, JJ Hospitality Ltd (previously Vedana Ltd) |
| Summary | COSTS - Unsuccessful personal grievance - Successful arrears of wages and holiday pay and penalty claims - Four day investigation meeting - Applicants sought $25,000 contribution to costs plus hearing and filing fees of $740 - First respondent in liquidation - Person acting for liquidator advised had received instructions to take no steps in costs proceedings - Counsel for second, third and fourth respondents advised had received no instructions to lodge costs memorandum - Authority found had been long and demanding case for all involved - Authority investigation postponed to await outcome of criminal trial of respondents’ director on kidnapping charges - However, found notional daily rate adjusted up or down appropriate - Found starting point was notional daily rate of $3,000 - Applicants claimed increased costs reasonably incurred and upward adjustment of daily rate warranted for following factors - Applicants foreign nationals of very limited means who spoke little English and required substantial assistance in preparing case and assistance of interpreter - Limited wage and time records provided by respondents required considerable time to analyse - Arrangements for postponing and recommencing investigation required higher than usual amount of time in preparation for, and attendances at, case management conferences - Four day investigation meeting included significant time in examination and cross examination of witnesses requiring additional preparation time - Authority found upward adjustment warranted to take account of without prejudice settlement proposals - Found no factors warranted downward adjustment - Found daily rate of $5,000 appropriate - Rate included preparation time and attendances for preliminary matters - Found $20,000 contribution to costs appropriate - Found applicants entitled to filing and hearing fees totalling $740 - Order for costs applied jointly and severally to second and third respondents as first respondent in liquidation and fourth respondent struck of Registrar of Companies - Part of order for costs to be met from remainder of security sum held for Authority by Department of Labour |
| Result | Costs in favour of applicants ($20,000) ; Disbursements in favour of applicants ($740)(Hearing fee)(Filing fee) |
| Main Category | Costs |
| Statutes | ERA Second Schedule cl15(2);Employment Relations Authority Regulations 2000 |
| Cases Cited | PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808;Singh and Anor v W Ltd and Ors unreported, R Arthur, 28 Feb 2008, AA 65/08;Singh & Anor v W Ltd & Ors unreported, R Arthur, 6 Mar 2008, AA 65A/08;Singh & Anor v W Ltd & Ors unreported, R Arthur, 5 May 2010, AA 211/10;Singh and Anor v JR Hospitality Ltd (in liquidation) and Ors unreported, R Arthur, 15 Jul 2010, AA 211A/10 |
| Number of Pages | 4 |
| PDF File Link: | aa 211b_10.pdf [pdf 19 KB] |