| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 320a/10 |
| Determination date | 22 September 2010 |
| Member | D King |
| Location | Auckland |
| Parties | Naturex Ltd v Rogers |
| Summary | COSTS – Unsuccessful restraint of trade application – Half day investigation meeting – Respondent sought $6,000 contribution to total costs of over $15,000 – Respondent claimed offered undertakings that would have obviated need for subsequent proceedings – Applicant claimed offers made by respondent should not be taken into account as applicant did not seek release from restraint but offered to accept modifications – Authority found genuine dispute over interpretation of restraint provisions – Found had applicant accepted offers no need for legal proceedings – Applicant argued tariff should be adjusted downwards for half day investigation meeting – Found preparation for half day hearing often similar to full day hearing - $4,000 costs appropriate |
| Result | Costs in favour of respondent ($4,000) |
| Main Category | Costs |
| Cases Cited | PBO Limited (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 |
| Number of Pages | 2 |
| PDF File Link: | aa 320a_10.pdf [pdf 13 KB] |