| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2011] NZERA Christchurch 194 |
| Determination date | 02 December 2011 |
| Member | M B Loftus |
| Representation | M Singleton ; P Shaw |
| Location | Christchurch |
| Parties | Multi Media Communications Ltd v McClintock |
| Summary | COSTS – Unsuccessful restraint of trade application – Less than half day investigation meeting – Respondent sought $4,025 full costs – Respondent claimed full costs appropriate as significant time spent preparing evidence, respondent completely successful, applicant failed to identify element fundamental to establishment of claim and expense may not have been necessary had applicant accepted respondent’s suggestion to mediate – Applicant claimed appropriate award would be $750 – Applicant claimed had arguable case as demonstrated prima facie breach, account should be had of applicant’s health and financial position and costs should be limited to those incurred at short hearing – Authority found short hearing underestimated cost as affidavit evidence had to be prepared – Found applicant’s submission that demonstrated prima facie breach did not overcome fact application unsuccessful – Found insufficient evidence about applicant’s alleged unreasonable failure to mediate – Applicant to pay $1,750 contribution to respondent’s costs |
| Result | Costs in favour of respondent ($1,750) |
| Main Category | Costs |
| Cases Cited | Broughton v Microsoft NZ Ltd [2011] NZERA Auckland 359;Chief Executive of the Department of Corrections v Tawhiwhirangi (No 2) [2008] ERNZ 73;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 |
| Number of Pages | 4 |
| PDF File Link: | 2011_NZERA_Christchurch_194.pdf [pdf 16 KB] |