Soldier gets top-level costs award in Orcon row

Brett Taylor sought $7519 in costs after the Human Rights Review Tribunal ordered Orcon to pay $25,000 for breaching his privacy and causing him the loss of a benefit. Photo / Thinkstock

A soldier has been awarded a higher-than-average costs payment after a long battle with internet company Orcon.

Brett Taylor sought $7519 in costs after the Human Rights Review Tribunal ordered Orcon to pay $25,000 for breaching his privacy and causing him the loss of a benefit.

His mother, lawyer Shirl Taylor, said he received that money this week after hiring a bailiff.

Yesterday, the tribunal issued its costs decision.

Orcon had said Mr Taylor did not submit in evidence an account from his mother for her services.

But the tribunal said there was no merit to this argument, which was a technicality.

"There is no challenge to the fact Ms Taylor did the work, or that her charge-out rate is anything but reasonable," the tribunal said.

"It is also inherently unfair for a company such as Orcon to assert no costs should be paid to a legally qualified family member who comes to the aid of a relative who has suffered harm consequent upon Orcon's breach of its obligations under the Privacy Act."

Mr Taylor said the hearing, held in April, required a $3750 hearing fee.

He asked for other costs, including $2392 for pre-hearing attendances and preparation and $500 for post-hearing attendances.

The tribunal said the average costs award was $3750.

"The only issue is whether the 'average' award should be adjusted up or down in the particular circumstances of the case.

"In our view the amount should be adjusted upwards to take account of the fact the tribunal requested post-hearing submissions on remedies."

Shirl Taylor travelled from Whakatane to Palmerston North for the hearing.

"As to the disbursements, they can only be described as modest given Ms Taylor had responsibility for preparing the common bundle of documents and in addition had to travel a considerable distance," the tribunal said.

It ordered Orcon to pay costs of $5500 to Mr Taylor.

The dispute, starting in 2012, escalated after Orcon provided the wrong modem to Mr Taylor, causing delays to connection of a broadband service.

Eventually Mr Taylor was lumped with a bogus debt, which affected his credit rating, and his young family found it nearly impossible to rent a home or get credit.

In May, Orcon made a public apology after NZME and the Herald reported on the case.

"We will fully abide by the tribunal's ruling and follow all payment instructions as and when we receive them," the company said last week.