| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2013] NZERA Christchurch 129 |
| Hearing date | 26 Jun 2013 |
| Determination date | 27 June 2013 |
| Member | H Doyle |
| Representation | J Shallcrass ; K Smith, J Behrnes |
| Parties | Asia-Pacific Football Academy Ltd v Allen |
| Summary | PRACTICE AND PROCEDURE – Applicant sought orders requiring disclosure of evidence – Whether Authority could require disclosure when penalty sought – Whether information confidential – COUNTERCLAIM – PRACTICE AND PROCEDURE – Respondent sought further and better particulars |
| Abstract | AUTHORITY FOUND –;PRACTICE AND PROCEDURE: Information requested by applicant relevant to problem before Authority. Request not fishing expedition. Fact penalty being sought not ground to refuse request for information. Confidentiality of information to third party not ground to refuse request for information. Counsel for respondent to advise of any difficulties with providing information. Authority ordered disclosure of information.;COUNTERCLAIM – PRACTICE AND PROCEDURE: Highly unlikely some information sought by respondent relevant. Respondent able to return to Authority if further information required once applicant’s evidence lodged. Application for further and better particulars declined. |
| Result | Application granted (practice and procedure) ; Orders made ; Application dismissed (counterclaim – practice and procedure) ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA;ERA s160(1)(a);ERA s160(2) |
| Cases Cited | Aarts v Barnardos New Zealand (2013) 10 NZELC 79-028;New Zealand Baking Trades etc Union (Inc) v Foodtown Supermarkets Ltd [1992] 3 ERNZ 305 |
| Number of Pages | 7 |
| PDF File Link: | 2013_NZERA_Christchurch_129.pdf [pdf 158 KB] |