Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

Costs determination TRI-2012-100-000058/DBH 4775. Decision date 22 April 2013.

JUDGMENT OF THE COURT, 16 April 2013. Application for leave to appeal security for costs order denied. The security for costs order by the Court raised a question of fact, not of law, and therefore fell outside of the criteria for leave to appeal under s 214 of the Act. Even if a question of law could be distilled, it would not be one of general or public importance so as to justify the grant of leave to appeal.

[2013] NZEmpC 62 Sub 5 Private Security Ltd v Gomez (Chief Judge Colgan, 15 April 2013) Unsuccessful application by plaintiff for rehearing. Application was made outside of the 28-day limit for rehearings with no evidence or explanation provided as to the delay.  No order for costs to be made.   

Tort / negligence / Respondent’s car collided with Applicant’s car / Applicant and her insurer claimed for assessed cost of repairs / Respondent accepts liability for incident and respondent’s insurer accepts that repair costs fair / however before repairs undertaken, Applicant’s car involved in subsequent incident affecting the same area of the car to be repaired / a second tortfeasor will not be liable if their actions caused no further damage or merely duplicated existing damage / Performance Cars Ltd v Abraham [1962] 1 QB 33 / Tribunal finds that the two incidents were separate and distinct and that repair costs relating to the first damage were established via an assessment / the need for repairs due to the first incident already existed for which the respondent acknowledged responsibility and agreed to pay for repairs / claim allowed, Respondent ordered to pay Applicant’s insurer $1,307.26.

Consumer Guarantees Act 1993 / contract / Respondent was to lay kitchen tiles / Applicants dissatisfied with work  /  Respondent refused to carry out remedial work  / Held: tiles laid in an uneven manner  /  Respondent’s workmanship not carried out with reasonable skill and care  / Applicants had not paid Respondent for work so only entitled to cost of extra work required over and above price agreed with Respondent  / not entitled to costs associated with hearing of the claim  / not entitled to cost of tool to cut gib-board as tool would be available for other uses around home or workshop / Applicants awarded $750.68.

Decision Date: 14 March 2013. Charges laid under s 91 of the Real Estate Agents Act 2008

Decision Date: 11 March 2013. Charges laid under s 91 of the Real Estate Agents Act 2008

[2013] NZEmpC 22 Shaw v Schering-Plough Animal Health Ltd (Judgment of Judge AD Ford dated 25 February 2013) Successful challenge to the Authority determination. The Court held that the plaintiff was unjustifiably constructively dismissed. Plaintiff awarded $20,000 compensation for humiliation, loss of dignity and injury to feelings. Leave reserved to seek further directions or orders from the Court in relation to the quantification of the plaintiff's economic loss claim. Costs reserved.

[2013] NZEmpC 18 Pathways Health Ltd v Moxon. Unsuccessful challenge and cross-challenge to Authority costs determination. Plaintiff ordered to pay the defendant $15,000 for costs and $683.32 for disbursements.

[2013] NZEmpC 16 ARC 6/13 Detection Services Ltd v Pickering - Interlocutory Judgment. Interim stay of Authority costs determination granted on condition costs awarded to defendant are paid into trust account or Court.

Final determination TRI-2010-100-000050/DBH 6011.  Decision date 8 February 2013. See also the Darby Trust v Auckland Council & Ors [2013] NZWHT Auckland 22 costs decision.

[2013] NZEmpC 6 WRC 42/09 Weston v Advkit Para Legal Services And WRC 32/10 Advkit Para Legal Services v Weston - Costs. Successful application for costs. Defendant ordered to pay plaintiff $11,580.82 as a contribution towards her costs.