Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

[2016] NZEmpC 75 Bhikoo v Stephen Marr Hair Design Newmarket Ltd (Costs Judgment of Judge M E Perkins, 16 June 2016) COSTS – defendant’s costs reasonable – comparison with Court’s Guideline Scales – offer to settle not accepted, leading to increased costs – Authority order of costs to stand - $4,000 – further costs of $20,000 awarded against plaintiff.

Pursuant to s 210 of the Lawyers and Conveyancers Act 2006 Ms WS is ordered to pay costs on review of $1,200 within 28 days of the date of this decision.

Contract / Consumer Guarantees Act 1993 (CGA) / Applicant arranged flights through the second and third Respondents / third Respondent disallowed Applicant to travel / second Respondent deducted cancellation fees and refunded balance to Applicant / Applicant claimed refund of fees deducted by second Respondent / Held: third Respondent did not provide its services to Applicant with reasonable skill and care / Applicant entitled to cancel contract with third Respondent because failure could not be remedied / third Respondent liable to pay Applicant damages in compensation / Applicant suffered consequential loss from third Respondent’s breach of the CGA which was the amount charged for second Respondent’s cancellation fees / claim allowed, third Respondent ordered to pay Applicant $1,550.

[2016] NZEmpC 66 Scarborough v Micron Security Products Ltd (Judgment of Judge Christina Inglis, 2 June 2016) APPLICATION FOR STAY – application to stay costs award pending outcome of application to Court of Appeal for extension of time to appeal substantive judgment – stay granted - to lapse if extension of time or leave to appeal not granted.

[2016] NZEmpC 64 McIvor v Saad (Oral Judgment of Chief Judge G L Colgan, 30 May 2016) STAY – COMPLIANCE – SECURITY FOR COSTS – reasons for declining adjournment given – stay of execution of Court’s judgment pending outcome of application for leave to appeal to Court of Appeal granted on conditions – application for compliance adjourned – no orders for security for costs – costs of $750 awarded.  

The OA in bankruptcy complained that IL had provided incompetent advice to a bankrupt concerning his ability to act as an executor of his mother's estate, and advice relating to the bankrupt's ability to renounce his interest as a beneficiary in the Estate. The OA argued that this advice resulted in unnecessary costs to the Estate, thereby reducing the amount to be paid to the OA in respect of the bankrupt's share in the Estate. The Standards Committee declined to take any action in respects of the OA's complaints primarily because the majority of the conduct complained about took place after IL had been struck off the roll of barristers and solicitors. The Standards Committee determined it therefore had no jurisdiction to consider the complaints, as IL was not a "lawyer" as that term is defined in the LCA - (the definition of a lawyer in the LCA is a person who holds a current practising certificate, which IL did not.) The LCRO considered that the Standards Committee reasoning was irr…

Complaint / matter reconsidered by LCRO / Chapman v Legal Complaints Review Officer [2015] NZHC 1500 / A v Z  LCRO 40/2009 / Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 rule 3.4 / rule 10 / Lawyers and Conveyancers Act 2006 section 110 / section 113 / lack of professionalism / fee exceeding quote / deduction of fees / HELD / no action regarding lack of professionalism / no issue regarding quote / entitled to deduct fees / Committee’s decision confirmed / section 211(1)(a) 

04.05.16 | Judge Coxhead, Chief Judge Isaac, Judge Doogan | Te Ture Whenua Māori Act 1993, section 79 | Costs

[2016] NZEmpC 44 G L Freeman Holdings Ltd v Belley (Labour Inspector) (Costs Judgment of Judge Corkill, 19 April 2016) COSTS – DISCONTINUANCE - application for discontinuance filed by plaintiff – no response to defendant’s application for costs – costs of in-house counsel - $580 costs awarded against plaintiff

[2016] NZEmpC 39 Fox v Hereworth School Trust Board Costs  (Costs judgment of Chief Judge GL Colgan of 15 April 2016) COSTS – INSTALMENTS – three separate costs periods identified – arguments for and against payments by instalment considered – Court’s equity and good conscience jurisdiction applied – plaintiff’s lack of success on some interlocutory matter and rejection of Calderbank taken into account – total of $96, 482.03 awarded, to be paid by instalment.

The application for leave dismissed, costs ordered, 14 April 2016.

Decision Date: 08 April 2016. Charges laid under s 91 of the Real Estate Agents Act 2008

06.04.2016 | Judge Clark | Te Ture Whenua Māori Act 1993, section 79, Costs