Decision Date: 21 September 2015. Charges laid under s 91 of the Real Estate Agents Act 2008
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CAC20007 v Jarman [2015] NZREADT 66 [PDF, 157 KB] -
[2015] NZSSAA 71 (19 October 2015) [PDF, 44 KB] Appeal against decision to cancel Accommodation supplement. Likelihood that existing mortgage did not entirely reflect acquisition of accommodation. Not enough evidence that the proportion of the appellant’s existing mortgage used for the acquisition of accommodation met the cost threshold to be entitled to Accommodation Supplement. Cancellation of the Accommodation Supplement paid in error was appropriate. Appeal dismissed.
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[2015] NZEmpC 162 Robinson v Pacific Seals NZ Ltd costs [PDF, 68 KB] [2015] NZEmpC 162 EmpC-162 20150918 Robinson v Pacific Seals NZ Ltd (Costs Judgment of Judge Christina Inglis, 18 September 2015) COSTS – Costs cannot be assessed without evidence in support – application for costs dismissed.
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[2015] NZEmpC 161 Vince Roberts Electrical Ltd v Carroll and Roberts [PDF, 87 KB] [2015] NZEmpC 161 Vince Roberts Electrical Ltd v Carroll and Roberts - (Costs Judgment of Judge M E Perkins, 18 September 2015) COSTS – principles for awarding costs listed – obstructive tactics and rejected Calderbank offer taken into account - costs of $60,000 awarded to defendant
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[2015] NZEmpC 158 Sealord Group Ltd v Pickering [PDF, 123 KB] [2015] NZEmpC 158 Sealord Group Ltd v Pickering - (Costs judgment of Judge A D Ford, 17 September 2015) COSTS – costs of submissions in Authority upheld - costs of witness professional fees in Authority were reasonable–notional daily tariff applied – first Calderbank offer not relevant as quantum of judgment plus costs exceeded value of Calderbank – second Calderbank offer irrelevant as not made within a reasonable time before hearing – interlocutory costs awarded in part - GST neutral position adopted – no award for witness professional fees in Court – interest for amount awarded by Authority – contribution for costs for submissions in Court – Held, $9,318.56 awarded for Authority costs - $41,000 for costs in Court
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[2015] NZEmpC 159 Smith Crane & Construction Ltd v Hall [PDF, 184 KB] [2015] NZEmpC 159 Smith Crane & Construction Ltd v Hall - (Costs judgment of Judge B A Corkill, 17 September 2015) COSTS – Da Cruz principles still apply – notional daily rate applied – no reason for uplift or decrease in usual starting rate of 66 per cent of costs actually and reasonably incurred for costs in the Authority – sch 2 and 3 of High Court Rules applied – awarded costs in the Court increased from starting rate of 66 per cent of costs actually and reasonably incurred to 75 per cent due to Calderbank offer - GST neutral position adopted – Held, $1,821.56 awarded to defendant for costs in Authority – $7,800 awarded to defendant for costs in Court.
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[2015] NZEmpC 160 Shanmuganathan v PowerNet Ltd [PDF, 139 KB] [2015] NZEmpC 160 Shanmuganathan v PowerNet Ltd - (Costs judgment of B A Corkill, 17 September 2015) COSTS – Authority cost determination set aside as outcome of Court’s substantive determination differed to Authority’s – Calderbank irrelevant as offered monetary award as opposed to reinstatement– normal daily tariff rate applied – modest decrease from starting rate of 66 per cent to 50 per cent of costs actually and reasonably incurred due to contributory conduct – no reduction in costs for mediation - GST neutral approach adopted – Held, in applicant’s favour - reimbursed $5,000 for setting aside of Authority determination – Authority costs of $3,500 – Court costs of $8670.95 – disbursements of $1,206.24
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[2015] NZEmpC 156 Hoff v The Wood Lifecare Ltd costs [PDF, 85 KB] [2015] NZEmpC 156 Hoff v The Wood Lifecare Ltd (Costs Judgment of Judge A D Ford, 14 September 2015) COSTS – Calderbank offer irrelevant as did not exceed judgment sum – no adjustment to costs on account of conduct – no award of GST – reasonable costs awarded for non-publication order – no reason for change to usual starting rate of 66 per cent of costs actually and reasonably incurred – some disbursements allowed – costs on submissions granted – Held, plaintiff awarded $48,560 for challenge costs, disbursements and costs on submissions
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Holmes v Housing NZ Corporation (Costs) [2015] NZHRRT 42 [PDF, 35 KB] Decision date: 11 September 2015. Privacy Act 1993.
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CAC20004 v Li & Ors [2015] NZREADT 64 [PDF, 132 KB] Decision Date: 10 September 2015. Charges laid under s 91 of the Real Estate Agents Act 2008
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Director of Proceedings v Crampton (Costs) [2015] NZHRRT 39 [PDF, 51 KB] Decision date: 9 September 2015. Privacy Act 1993.
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[2015] NZEmpC 153 Scarborough v Micron Security Products Ltd [PDF, 82 KB] [2015] NZEmpC 153 Scarborough v Micron Security Products Ltd (Costs Judgment of judge M E Perkins, 7 September 2015) INDEMNITY COSTS – awarded against plaintiff – false allegations of fraud – unmeritorious claims
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CAC301 v Mairs [2015] NZREADT 63 [PDF, 225 KB] Decision Date: 04 September 2015. Charges laid under s 91 of the Real Estate Agents Act 2008
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DE v WV Ltd [2015] NZDT 840 (4 September 2015) [PDF, 132 KB] Contract / independent contractor / Applicant engaged as contract builder by Respondent through written contract / Respondent allocated 96 hours for job, which extended to 116 following issues arising in work / Respondent has paid Applicant for 122 hours / Applicant claims $2,978.50 for additional 74 unpaid hours / Held: Applicant was working on estimate rather than fixed price basis under the contract / Applicant required to invoice time that reflected assigned hours / standard industry practice allows 15% margin on estimates above allocated hours towards actual time on job / Applicant entitled to charge and be paid for 110.4 hours for original scope of work / unpredictable issues arose during job that required more time / Respondent did not allocate additional hours for this increase by mutual agreement with Applicant, as was required under contract / claim allowed, Respondent ordered to pay Applicant additional hours for estimate and issues that arose, totalling $1,465.10
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[2015] NZEmpC 150 Burrowes v Commissioner of Police [PDF, 224 KB] [2015] NZEmpC 150 Burrowes v Commissioner of Police - (Costs Judgment of Judge B A Corkill, 1 September 2015) COSTS – Application for costs in the Employment Relations Authority and costs in Employment Court – whether costs were reasonably incurred – Sixty-six per cent starting point – whether factors justify increase or decrease – consideration as to how costs to be approached where both parties have measure of success – assessment as to reliance to be placed on High Court Rules in relation to costs – consideration as to disbursements – consideration as to Calderbank offer – Held, percentage of costs in both the Authority and the Court awarded to plaintiff.
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Paraire v Paraire – Part Mangatawa 10 (2015) 105 Waikato Maniapoto MB 67 (105 WMN 67) [PDF, 213 KB] 31.08.2015 | Judge Clark | Te Ture Whenua Māori Act 1993, section 79 | Costs
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[2015] NZEmpC 147 Rodkiss v Carter Holt Harvey Ltd [PDF, 268 KB] [2015] NZEmpC 147 Rodkiss v Carter Holt Harvey Ltd - (Costs Judgment of Judge A D Ford, 27 August 2015). COSTS – Calderbank offer made in the Employment Relations Authority relevant to issue of costs – GST neutral approach in relation to costs applied – consideration as to what qualifies as a recoverable disbursement – consideration as to factors justifying an increase or decrease from starting point of 66 percent contribution towards fair and reasonable costs - Held, percentage of costs and disbursements awarded to applicant.
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[2015] NZEmpC 146 Hally Labels Ltd v Powell costs [PDF, 87 KB] [2015] NZEmpC 146 Hally Labels Ltd v Powell (Costs Judgment of Judge M E Perkins, 24 August 2015) COSTS – partial costs awarded against plaintiff – plaintiff successful with injunction but not with subsequent claims – delays by each party – costs disproportionate to potential gains.
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Ratima - Whirinaki 3 (formerly known as Whirinaki No 1 Section 2F2C) (2015) 126 Waiariki MB 73 (126 WAR 73) [PDF, 202 KB] 19.08.2015 | Judge Coxhead | Te Ture Whenua Māori Act 1993, section 79 | Costs
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CAC20004 v Whisker [2015] NZREADT 61 [PDF, 249 KB] Decision Date: 18 August 2015. Charges laid under s 91 of the Real Estate Agents Act 2008
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Kotahitanga Log Haulage Ltd v Forest Distribution Ltd - Mangaroa and other Blocks incorporated (2015) 126 Waiāriki MB 14 (126 WAR 14) [PDF, 245 KB] 13.08.2015 | Judge Doogan | Te Ture Whenua Māori Act 1993, sections 22, 269(4) | Incorporation costs
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CAC20002 v Chand [2015] NZREADT 60 [PDF, 108 KB] Decision Date: 12 August 2015. Charges laid under s 91 of the Real Estate Agents Act 2008
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[2015] NZEmpC 137 Stevens v Hapag-Lloyd (NZ) Ltd costs [PDF, 173 KB] [2015] NZEmpC 137 Stevens v Hapag-Lloyd (NZ) Ltd (Costs Judgment of Judge Christina Inglis, 7 August 2015) COSTS – reasonable costs – uplifting factors – ongoing effect of offers to settle applied to costs at Employment Court – hardship and access to justice considered – payment by instalments rejected.
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CAC20002 v Brar [2015] NZREADT 59 [PDF, 490 KB] Decision Date: 06 August 2015. Charges laid under s 91 of the Real Estate Agents Act 2008
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[2015] NZEmpC 135 Fagotti v Acme & Co Ltd [PDF, 402 KB] [2015] NZEmpC 135 Fagotti v Acme & Co Ltd (Judgment of the Full Court, 5 August 2015) COSTS AT THE AUTHORITY – CALDERBANK OFFERS – INDEMNITY COSTS – GST – whether the Authority should be influenced by the circumstances and justice of a particular case in awarding costs – different principles apply in the Authority and the Court – daily tariff at Authority has value – GST issue left for future case – not a case for indemnity costs – challenge dismissed.