| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 202/10 |
| Determination date | 29 October 2010 |
| Member | H Doyle |
| Representation | G Walker ; H Matthews |
| Location | Christchurch |
| Parties | Over the Top Ltd v Beck & Anor |
| Other Parties | Helicopters Queenstown Ltd |
| Summary | COSTS - Substantive matter withdrawn by applicant - Respondents' sought actual and reasonable costs incurred - Respondents' claimed costs incurred in response to urgent application - Applicant's argued costs to lie where they fall - Argued substantive claim meritorious but abandoned when became clear no cost-effective way to proceed - Authority found costs should follow event as case where withdrawal of proceedings and respondents required to take steps under time pressure - Found applicant tried extensively to resolve matter - Found could not be said on face of papers claim without merit - Applicant ordered to pay each respondent $400 contribution to costs |
| Result | Costs in favour of respondents ($400)(each) |
| Main Category | Costs |
| Statutes | Contractual Remedies Act 1979 s9 |
| Cases Cited | Data Group Ltd v Gillespie unreported, Travis J, 22 March 2004, AC 16/04;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808 |
| Number of Pages | 6 |
| PDF File Link: | ca 202_10.pdf [pdf 19 KB] |