| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2015] NZERA Christchurch 71 |
| Determination date | 02 June 2015 |
| Member | D Appleton |
| Representation | A Sharma ; S Daly |
| Parties | Woodward v Totally Boating 2004 Ltd |
| Summary | COUNTERCLAIM - PRACTICE AND PROCEDURE – Respondent sought to lodge memorandum of costs late – Whether Authority able to grant leave to lodge late memorandum |
| Abstract | AUTHORITY FOUND –COUNTERCLAIM - PRACTICE AND PROCEDURE: Section 221 Employment Relations Act 2000 allows Authority to extend time period if necessary. Authority able to grant leave to lodge late memorandum. Unclear why respondent’s representative failed to lodge memorandum in time, but respondent’s responsibility to follow up with representative about it. Prejudice to applicant in allowing late lodgement greater than prejudice to respondent in disallowing it, although respondent likely to have been successful in costs claim. Application for late lodgement dismissed. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s221;ERA Second Schedule cl15;ERA Second Schedule cl15(2) |
| Cases Cited | Woodward v Totally Boating 2004 Ltd [2013] NZERA Christchurch 231;Woodward v Totally Boating 2004 Ltd [2014] NZERA Christchurch 42 |
| Number of Pages | 6 |
| PDF File Link: | 2015_NZERA_Christchurch_71.pdf [pdf 211 KB] |