Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2017] NZEmpC 136 ALA v ITE (Judgment No.4 of Judge B A Corkill, 7 November 2017) COSTS JUDGMENT RECALLED – hearing fee incorrectly calculated – changed from $735 to $250.44.

Complaint / Committee declined to take further action on complaints / fee complaint / complaint that respondent did not follow instructions / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 rule 9.1 / HELD / fees fair and reasonable / respondent acting under instruction / Committee’s decision confirmed / section 211(1)(a)

Complaint / Committee found unsatisfactory conduct / complaint arose from administration of estates / complaint over costs / section 110 Lawyers and Conveyancers Act 2006 / conflict of interest / HELD / no breach of s 110 / fees inadequately reported / Committee’s decision confirmed / section 211(1)(a)

[2017] NZEmpC 130 ALA v ITE (Oral Judgment (No 3) of Judge B A Corkill, 26 October 2017) BREACH OF COMPLIANCE ORDER – SANCTIONS – whether imprisonment appropriate – deliberate continuous and flagrant disregard of Court’s compliance orders – no steps taken to remedy the breach – need for deterrence of wilfully disobedient conduct considered – case law examined – defendant sentenced to a term of imprisonment of 21 days – committal order made under s 37(4) Corrections Act 2004 – permanent non-publication orders made – indemnity costs of $49,164 awarded.

Complaint / Committee declined to take further action on complaint / fees / costs assessor not appointed / HELD / Committee’s directed to reconsider complaint / section 209

Decision on costs, link to [2017] NZSSAA 020

Disability Allowance and Special Needs Grant – Application declined due to failure to demonstrate reasonable costs. Outcome: appeal dismissed.

[2017] NZEmpC 123 Quality Consumables Ltd v Hannah (Costs Judgment of Judge M E Perkins, 10 October 2017) COSTS – defendant awarded $7,309 including GST.

Complaint / Committee declined to take further action on complaint / fee complaint / acting without instruction / Lawyers and Conveyancers Act (Lawyers: Complaints Service and Standards Committees) Regulations 2008 reg 29 / HELD / fees reasonable / Committee’s decision confirmed / section 211(1)(a)

Decision date: 5 October 2017. Privacy Act 1993.

[2017] NZEmpC 120 Judea Tavern Ltd v Jesson (Costs Judgment of Chief Judge Christina Inglis, 3 October 2017) COSTS – GST considered – a factor in determining whether uplift appropriate – reasonable costs in Authority can be determined by Court – costs of $8,625 on challenge, and $5,175 in Authority awarded against plaintiff.

[2017] NZEmpC 114 Quality Consumables Ltd v Hannah (Interlocutory Judgment of Judge M E Perkins, 26 September 2017) APPLICATION FOR STAY OF PROCEEDINGS – consideration of stay principles – stay of enforcement of determination granted on condition that plaintiff pay to defendant sum of $15,000 – balance of award to be paid to Registry pending further order of the Court – costs on application to be paid to defendant.

Complaint / Committee declined to take further action on complaint / applicant wants respondent to carry out instructions / respondent requires security for fees / HELD / respondent not instructed / applicant able to seek another lawyer / no power to force respondent to act / Committee’s decision confirmed / section 211(1)(a)