| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 190/10 |
| Hearing date | 12 Oct 2010 |
| Determination date | 18 November 2010 |
| Member | G J Wood |
| Representation | J O'Connell ; S Emslie |
| Location | Wanganui |
| Parties | Brake and Transmission NZ Ltd v Steele |
| Summary | RECOVERY OF MONIES – BREACH OF CONTRACT – Applicant sought payment for costs of repairs to vehicle as result of accident at work caused by respondent – Applicant paid repair costs directly due to higher excess amount – Respondent declined to pay despite admitting responsibility for accident – Applicant given discretion in terms of liability for reimbursement according to Employment Agreement (“EA”) – EA provided for reimbursement for insurance excess payable – Authority found respondent liable to pay costs of accident as special damages for breach of contract under implied term because negligence caused accident – Respondent to pay applicant $686 – COSTS – Length of investigation meeting not specified – Respondent incurred no costs – Applicant sought $14,292 contribution to costs and $864 reimbursement of travel costs – Applicant incurred legal costs from representative and assisting firm – Applicant claimed agreed to resolve matter provided respondent agreed to pay money owed within 12 months – Applicant later sought interest – Respondent claimed any delays not respondent’s fault and unfair to have to pay interest – Respondent claimed should not have to pay two sets of legal costs – Found case heard extremely expeditiously but great deal of preparation required – Found interest not appropriate – Found costs sought disproportionate - $1,200 contribution to costs appropriate – Found applicants choice to engage representative from Auckland – Found travel expenses should be absorbed as part of nationwide operations – Parts Person |
| Result | Applications granted ; Recovery of monies ($686.25) ; Costs in favour of applicant ($1,200) ; Disbursements in favour of applicant ($70) |
| Main Category | Recovery of Monies |
| Cases Cited | Air New Zealand Ltd v Raddock [1999] ERNZ 30;F v Attorney General [1994] 2 ERNZ 62;Masonry Design Solutions Ltd v Bettany unreported, Colgan CJ, 21 Aug 2009, AC 30/09 |
| Number of Pages | 5 |
| PDF File Link: | wa 190_10.pdf [pdf 21 KB] |