| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 369A/10 |
| Determination date | 19 November 2010 |
| Member | V Campbell |
| Representation | R Smith ; no appearnace for first respondent, K McLuskie for second and third respondents |
| Location | Auckland |
| Parties | Zhao v Health and Body Clinic Ltd & Ors |
| Other Parties | Arnesen ; Arnesen |
| Summary | COSTS - Successful compliance order application - Matter determined on the papers - Applicant successful in personal grievance claim - Applicant subsequently awarded costs - First respondent failed to pay amounts awarded by Authority - Applicant sought compliance order and to join second and third respondents as directors of first respondent - First respondent ordered to comply with Authority determinations - Second and third respondents ordered to cause payments to be made by first respondent - Applicant sought contribution to total costs of $3,150 plus disbursements - Second and third respondents claimed while ordered to take steps to ensure payment pursuant to compliance order made should not be liable for costs applicant incurred in seeking compliance order - Authority found second and third respondents should be liable for costs incurred - Found actual costs incurred by applicant reasonable - Found having regard to nature and length of investigation, and in principled exercise of discretion $1,000 award of costs plus disbursements reasonable - Respondents to pay applicant $1,000 contribution to costs plus $220 disbursements |
| Result | Costs in favour of applicant ($1,000) ; Disbursements in favour of applicant ($220) |
| Main Category | Costs |
| Cases Cited | PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808;Zhao v Health and Body Clinic Ltd unreported, V Campbell, 26 Mar 2010, AA 144/10;Zhao v Health and Body Clinic Ltd unreported, V Campbell, 2 Jun 2010, AA 144A/10;Zhao v Health and Body Clinic Ltd & Ors unreported, V Campbell, 19 Aug 2010, AA 369/10 |
| Number of Pages | 3 |
| PDF File Link: | aa 369a_10.pdf [pdf 11 KB] |