| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 240A/10 |
| Determination date | 14 September 2010 |
| Member | R Larmer |
| Representation | H White ; J Rooney |
| Location | Auckland |
| Parties | The New Zealand Dairy Workers Union Te Runanga Wai U Inc v Fonterra Co-Operative Group Ltd |
| Summary | COSTS – 2 day investigation meeting – Respondent successful in substantive application – Authority rejected respondent’s argument appropriate to adopt notional daily rate of $4,000 from Tawhiwhirangi – Found Court in Tawhiwhirangi did not apply daily rate of $4,000 – Noted hybrid approach to costs in Tawhiwhirangi combined Authority tariff approach with Court’s practice of allowing certain amount of preparation time per day of hearing – Found appropriate to adopt usual Authority tariff approach – Applicant argued costs should lie where they fall because case involved ongoing implications for significant number of workers and large employer – Applicant argued while case important not overly complex – Found no factors to justify departing from usual principle that successful party entitled to contribution to costs – Found respondent wholly successful in substantive matter – Found $3,000 notional daily rate appropriate – Found no factors to warrant adjustment of daily rate – Found respondent entitled to $6,000 contribution to actual costs and $400 disbursements |
| Result | Costs in favour of respondent ($6,000) ; Disbursements ($400) |
| Main Category | Costs |
| Number of Pages | 5 |
| PDF File Link: | aa 240a_10.pdf [pdf 17 KB] |