| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 262 |
| Determination date | 31 July 2012 |
| Member | D King |
| Parties | Tomo v Checkmate Precision Cutting Tools Ltd |
| Summary | PRACTICE AND PROCEDURE – Application for stay of proceedings - Applicant had written to respondent seeking costs - Respondent claimed stay of proceedings in parties’ interest until Employment Court challenge determined as if respondent successful respondent would need to recover costs - Authority accepted respondent’s submissions - Application for stay of proceedings granted |
| Abstract | Respondent sought stay of proceedings. Respondent had filed proceedings in Employment Court (“EC”) challenging Authority’s determination of preliminary matter. Applicant had written to respondent seeking costs and applicant sought to assign any costs award to applicant’s advocate (“A”) so any costs award paid directly to A. Respondent claimed if required to pay costs award to A, any benefit of successful EC challenge would be lost as could not later recover money had paid to A as A not party to proceedings. Respondent claimed stay of proceedings in parties’ interest until EC challenge determined. Applicant did not oppose application.;AUTHORITY FOUND –;PRACTICE AND PROCEDURE: Authority accepted respondent’s submissions. Application for stay of proceedings granted. |
| Result | Application granted ; Orders made ; No order for costs |
| Main Category | Practice & Procedure |
| Number of Pages | 2 |
| PDF File Link: | 2012_NZERA_Auckland_262.pdf [pdf 84 KB] |