| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 492 |
| Determination date | 15 November 2011 |
| Member | K J Anderson |
| Representation | R Towner, N Van der Sluis ; C Blake, S Van der Waal |
| Location | Auckland |
| Parties | Continental Car Services Ltd v Joyce and Anor |
| Other Parties | Gordon |
| Summary | COSTS – Partially successful claim – Two and a half day investigation meeting – Parties had incurred substantial costs – Authority found was required to determine costs in way that recognised applicant was partially successful against first respondent (“J”) but unsuccessful against second respondent (“G”) - Applicant claimed respondents withheld information which delayed investigation meeting – Respondents claimed applicant’s claim was “overly legalistic” which delayed investigation meeting and increased costs – Authority found as considerable amount at stake for both parties significant cost to parties not unnecessary – Applicant acknowledged G entitled to award of costs and claimed appropriate that applicant pay G $6,000 contribution towards costs - $7,500 contribution from applicant to G’s costs appropriate as G successfully defended applicant’s claim – Applicant claimed as applicant partially unsuccessful and caused delay $30,000 contribution towards costs appropriate – J claimed successfully defended substance of claims and also incurred significant cost – Found J’s actions especially blameworthy regarding breaches previously found by Authority – Found, given high penalties previously awarded by Authority against J and J’s significant costs, to award costs at level higher than daily tariff would effectively impose further punishment on J - $7,500 contribution from J to applicant’s costs appropriate |
| Result | Costs in favour of applicant ($7,500) ; Costs in favour of second respondent ($7,500) |
| Main Category | Costs |
| Statutes | ERA Second Schedule cl15;ERA Second Schedule cl16 |
| Cases Cited | Binnie v Pacific Health Ltd [2002] 1 ERNZ 438;Continental Car Services Ltd v Joyce And Anor [2011] NZERA Auckland 393;Harwood v Next Homes Ltd [2003] 2 ERNZ 433;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 |
| Number of Pages | 6 |
| PDF File Link: | 2011_NZERA_Auckland_492.pdf [pdf 31 KB] |