Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2020] NZEmpC 191 Greetham v Lawter (NZ) Ltd (Consent Costs Judgment of Judge M E Perkins, 12 November 2020) COSTS - consent.

Decision on Costs.  Date of Decision: 11 November 2020. 

Penalty / practitioner admitted charge laid under s 241(d) / conviction for 13 charges of money laundering / Crimes Act 1961, section 243(2) / Lawyers and Conveyancers Act 2006, section 241(d) / HELD / practitioner unfit to continue practice as a lawyer / practitioner agrees / Tribunal ordered practitioner be struck off / practitioner ordered to pay Tribunal’s costs

Contract / Contract and Commercial Law Act 2017 / Applicants booked cycle tour through Respondents / Country became restricted due to COVID-19 pandemic / Respondent offered three options: transfer booking, continue tour or cancel and receive 50% refund / Applicant claims contract was frustrated / Applicant claims $14,066.91 for refund plus legal costs / Held: contract was not intended to cover event in question / Held: contract frustrated due to events outside control of both parties / Applicants therefore entitled to refund of money paid for tour / Held: Respondent entitled to retain $9,340 being reasonable overhead and business expenses / Held: claim for legal costs dismissed as not agreed to in contract or fitting in specific circumstances / Outcome: Respondent ordered to refund balance of $4,613.91.

[2020] NZEmpC 186 Alkazaz v Enterprise IT Ltd (Interlocutory Judgment (No 6) of Chief Judge C Inglis, 9 November 2020) APPLICATION FOR STAY OF EXECUTION OF COSTS DETERMINATION – application granted – sum to be held by the Court.

Charges laid under s 91 of the Real Estate Agents Act 2008. Charges proceeding will be heard separately from the appeal proceedings. The application that the charges be heard by a differently-constituted Tribunal panel is declined.

Penalty / Tribunal previously found misconduct / practitioner breached duty of confidentiality to client by talking to media without client’s consent / whether practitioner should be suspended / HELD / profession’s reputation affected as a member of the public complained about the breach / no indication general deterrence required / practitioner will have a misconduct finding and suffer embarrassment of publication of his name in relation to a case of public interest / Tribunal ordered censure / practitioner to pay Standards Committee’s and Tribunal’s costs / interim suppression order discharged

Contract / Respondent engaged Applicant to print 100 copies of a book / Internal cover page printed as book’s main cover / Respondent paid for 10 copies, returned and refused payment for remaining 90 copies / Applicant claimed $1,148.47, being the unpaid invoice amount plus contractual interest charges / Held: books were printed and supplied in accordance with the contract / books were consistent with the quotation in terms of number of pages and with the final proof the Respondent approved / Respondent liable to pay invoiced amount / Claim allowed, contractual interest not awarded / Respondent ordered to pay Applicant $1044.75, Applicant ordered to deliver remaining books to Respondent

[2020] NZEmpC 167 Noble v Ballooning Canterbury.com Ltd (Judgment of Judge B A Corkill, 14 October 2020) COSTS – COSTS IN THE AUTHORITY – plaintiff seeking and discontinuing claim for pecuniary penalties was an aggravating factor – costs higher than usual daily tariff – COSTS IN THE COURT – guideline scale applied – appropriate guideline scale category was 3, not 2 – Band B was the appropriate band, not C – Calderbank offer considered to increase costs – COSTS ON INTERLOCUTORY APPLICATION AFTER CHALLENGE RESOLVED – costs awarded.

Penalty / unsatisfactory conduct relating to interaction with court security and failure to deliver file / misconduct relating to visiting a client in police cells with client’s partner, who practitioner represented as his assistant, and possession of methamphetamine / HELD / offending serious / mitigating factors include the practitioner not having practised for three years, that offending coincided with severe illness, and that he has re-engaged with Law Society regarding these proceedings and ongoing practice restrictions / fine inappropriate due to financial position / practitioner must provide undertaking for three years, practitioner only to practice as an employed barrister and solicitor by and under direct supervision of another barrister and solicitor / practitioner to pay 20 per cent of Standards Committee’s costs and half of Tribunal’s costs / name suppression granted / public interest in open proceedings outweighed by practitioner’s health and children’s interests

Contract / Applicant engaged Second Respondent to provide platform for streaming services / Problems with platform / Applicant claimed for service costs and costs for getting platform operational / Second Respondent counterclaimed for outstanding service charges / Second Respondent contended that the platform was operational and instructions not followed correctly / Whether there was a breach of contract / Whether remedies were available / Held: issues related to slow internet connection and instructions incorrectly followed / No breach of contract by Second Respondent / Applicant breached contract by not making payments / Claim dismissed / Counter-claim granted / Applicant to pay Second Respondent $5,459.63 for outstanding invoices.

Negligence / Respondent negligently caused damage to applicant’s 1994 Nissan Largo van / Original Disputes Tribunal hearing assessed losses as $5500 for damage to van and $1980 for storage costs / Applicant claims these amounts were insufficient, as they failed to account for modifications to the van, loss of hire income, or costs / Held: Applicant entitled to be restored to the position it was in prior to the collision, including modifications / loss of hire income not reasonably foreseeable / costs related to insurance Ombudsman dismissed / travel costs allowed / claim allowed in part, Respondent ordered to pay Applicant $2172.40