| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 220 |
| Determination date | 27 July 2015 |
| Member | Rachel Larmer |
| Representation | T Oldfield ; P Templeton |
| Location | Auckland |
| Parties | Brennan v Afos Ltd t/a Kiwi Pallets and Ors |
| Other Parties | Sharpe |
| Summary | INJUNCTION – Applicant sought order excluding evidence of witness for respondent – Whether witness impartial – Whether witness’ evidence largely hearsay – Whether witness to give evidence on ultimate issue |
| Abstract | AUTHORITY FOUND –INJUNCTION: Witness had acted for respondent briefly and had no personal involvement with work. Witness’ history with respondent would not impair ability to give objective expert evidence. Witness impartial. Applicant failed to identify which parts of witness’ brief hearsay. In any case, Authority able to assess what weight should be given to hearsay evidence. Witness to give evidence on accuracy of financial information. Witness not giving evidence on ultimate issue. Application for exclusion order dismissed. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Injunction |
| Statutes | ERA s160;Holidays Act 2003;HCR;HCR Fourth Schedule Para 9.43 |
| Cases Cited | Afos Ltd t/a Kiwi Pallets v Brennan [2015] NZERA Auckland 197 |
| Number of Pages | 4 |
| PDF File Link: | 2015_NZERA_Auckland_220.pdf [pdf 93 KB] |