Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

Decision date: 23 July 2015. Privacy Act 1993.

[2015] NZEmpC 111 Sealord Group Ltd v Pickering (Consent Judgment of Judge Ford, 13 July 2015) CONSENT APPLICATION – Parties jointly requested Court to make payment from monies held in Court – held, orders granted - money to be paid for lost remuneration – money to be paid for compensation for hurt and humiliation – money to be paid in PAYE taxation on lost remuneration – remainder of funds to be held in Court’s interest-bearing account until final determination of costs

[2015] NZEmpC 105 Scarborough v Micron Security Products Limited (Costs Judgment Judge Christina Inglis, 3 July 2015) COSTS – UPLIFT – indemnity costs on two of four applications – uplift for re-litigation of matters already decided – aggravating factors and overall justice to successful party considered – costs on costs accepted – total $14,321.96.

Appellant, overpayment, costs incurred in disputing the initial decision, case on review can be recovered, Appeal dismissed.

Decision Date: 24 June 2015. Charges laid under s 91 of the Real Estate Agents Act 2008

[2015] NZEmpC 92 Hally Labels Ltd v Powell (Judgment of Judge M E Perkins, 16 June 2015) ORDERS SOUGHT FOR BREACH OF CONFIDENTIALITY, BREACH OF FIDELITY and GOOD FAITH, BREACH OF UNDERTAKING – COSTS AS SPECIAL DAMAGES – breaches not proved – damages for breach of statutory duty not available – not an appropriate case for costs as damages – claims and cross-claim failed.

Jurisdiction / survey marks and boundary fence / Cadastral Survey Act 2002 (CSA) / Disputes Tribunal Act 1988 (DTA) / Fencing Act 1978 (FA) / parties are neighbours / Applicant removed part of boundary fence to safely remove tree stumps / Applicant noticed two boundary pegs missing while reinstating fence / Applicant claims $1,0355 from Respondent for cost to survey and reinstate boundary pegs on grounds that Respondent removed or tar sealed them during previous driveway maintenance / Respondent counterclaims $1,889.75 in legal costs, stating Applicant verbally agreed to resurvey fence when finished with trees / Held: no jurisdiction to hear Applicant’s claim of interference with survey marks as under s 55, CSA / no jurisdiction over survey cost matters under FA, ss 24(p) and 24A(1) / no jurisdiction over claims involving survey pegs as they cannot qualify as “property” under s 10(1)(c), DTA / Respondent not awarded legal costs as Applicant had arguable case for claim and did not know …

Bracewell v Richmond Services Ltd costs, judgment of Judge B A Corkill

Contract / insurance policy / Applicants bought an earthquake damaged house and arranged for vendors to assign to them claims related to the earthquake damage the vendors had made with EQC and insurer, Respondent / Applicants claimed accommodation and storage costs of $11,780 / Held: not satisfied the deed achieved transfer of the vendors’ rights to accommodation and storage costs or that Respondent had represented these could be assigned / novation is required for all rights and obligations of an insured to be transferred / wording actually used in deeds or insurance policies must be considered / accommodation expenses not an accrued right assigned with the claim, rather a personal policy entitlement that was not assigned / words used in assignment not sufficient to transfer any entitlements to a claim related to contents policy which is separate from house policy / not persuaded Respondent’s “silence” is actionable misrepresentation or it had active obligation to disabuse any erroneo…

19.05.2015 | Judge Harvey | Te Ture Whenua Māori Act 1993, section 79 | Costs

08.05.15 | Deputy Chief Judge Fox, Judge Milroy, Judge Ambler | Te Ture Whenua Māori Act 1993, section  58, 79 | Costs

Jurisdiction / Disputes Tribunals Act 1988 / Applicant undertook development work and disputes arose regarding the legality of drainage work and cost of fencing on shared boundaries / Applicants sought declaration that drainage work was legal and claimed $3,800 for the cost of fencing and $4,128.50 in legal fees / Held: Tribunal does not have jurisdiction to make a declaration as sought by Applicant / cannot make a declaration in Respondents’ favour / no basis to make an order for cost of fencing against Respondents as Applicant had not served a Fencing Act notice and there was no agreement / no basis to make an order against Respondents for legal costs incurred by Applicants / claim dismissed.

[2015] NZEmpC 53 O’Hagan v Waitomo Adventures Ltd (Costs Judgment of Judge Christina Inglis, 30 April 2015) COSTS – application by defendant after successful strike-out action against plaintiff– uplift warranted - $14,000 costs award.