| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 247 |
| Determination date | 18 June 2014 |
| Member | E Robinson |
| Representation | H White ; K Amodeo |
| Parties | Merennage v Ritchies Transport Holdings Ltd |
| Summary | COUNTERCLAIM - PRACTICE AND PROCEDURE - Respondent sought order for security for costs - Applicant undischarged bankrupt living in Australia |
| Abstract | AUTHORITY FOUND -;COUNTERCLAIM - PRACTICE AND PROCEDURE: Order for security for costs contrary to Authority's role in delivering speedy and informal justice to parties. No jurisdiction for Authority to order security for costs in absence of express provision in Employment Relations Act 2000. If Authority had jurisdiction to order security for costs, fact applicant resident in Australia did not justify order. Well established principle that applicant's impecuniosity should not prevent claim where impecuniosity caused by act subject to legal action. Application for security for costs dismissed. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | EAR r4;ECA;ERA;ERA s156;ERA s156(3);ERA Second Schedule cl15;ERA Second Schedule cl15(2);ERA Third Schedule cl19 |
| Cases Cited | Milne v Air New Zealand Ltd (No 1) [2013] NZEmpC 108;Reid v New Zealand Fire Service Commission [1996] 1 ERNZ 228;South Pacific Ltd v Tian [2013] NZEmpC 214 |
| Number of Pages | 5 |
| PDF File Link: | 2014_NZERA_Auckland_247.pdf [pdf 167 KB] |