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Search results for costs.

2940 items matching your search terms

  4. 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
  5. [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.
  7. [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.
  15. [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.
  17. EF Ltd & EFE Ltd v UU [2015] NZDT 925 (3 August 2015) [PDF, 83 KB]

    Negligence / Respondent reversed his truck into the Applicant’s Toyota Hilux causing damage to the vehicle / Applicant and Applicant’s insurer claimed $3,337.99 for repair costs / Held: Respondent failed to keep a proper look out when reversing his truck and failed to give way to the driver of the Hilux / Respondent’s visibility was significantly obstructed and took no extra steps to check for oncoming traffic / Respondent did not take reasonable care in operating his truck / costs claimed are reasonable / claim allowed, Respondent ordered to pay Applicant’s insurer $3,286.13.
  21. [2015] NZEmpC 121 Morgan Schofield v Transit Coachlines Ltd [PDF, 110 KB]

    [2015] NZEmpC 121 Morgan Schofield v Transit Coachlines Ltd (Judgment of Judge A D Ford, 28 July 2015) REMOVAL TO COURT FROM AUTHORITY ON QUESTION OF LAW – Whether or not the plaintiffs met the requirements of completing 12 months continuous employment to entitle them to annual leave under s 16(2) of the Holidays Act 2003 – whether school holidays were periods of “unpaid leave” – definition of “leave” and “unpaid leave” considered – Held, plaintiffs satisfied criteria of completing 12 months continuous employment and were entitled to annual leave – costs to lie where they fall
  22. [2015] NZEmpC 122 Campbell v The Commissioner of Salford School [PDF, 631 KB]

    [2015] NZEmpC 122 Campbell v The Commissioner of Salford School (Judgment of Judge Corkill, 27 July 2015)  DE NOVO CHALLENGE – UNJUSTIFIED SUSPENSION - UNJUSTIFIED DISMISSAL - whether suspension and dismissal were justified ––procedural and substantive flaws found - lack of specificity in claims against plaintiff- inadequate opportunity for plaintiff to be heard –– confidential information relied upon in investigation – terms of reference were too broad – no heed paid to earlier recommendations for urgent implementation of performance objectives – nonadherence to collective agreement in that distinction between performance and conduct issues not identified or considered – Held, disadvantage grievances established – compensation and costs awarded - reinstatement not reasonable or practical.
  25. [2015] NZEmpC 111 Sealord Group Ltd v Pickering [PDF, 65 KB]

    [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

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