| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 239/04 |
| Determination date | 23 July 2004 |
| Member | R A Monaghan |
| Representation | D Wood (in person) ; L Foley |
| Location | Auckland |
| Parties | Wood v Jennens t/a Rock'n'Ropes |
| Summary | PRACTICE AND PROCEDURE - Application to strike out proceedings - Respondent alleged assets of business which employed applicant had been sold - Also alleged inactivity of applicant in furthering claim - After mediation Authority contacted applicant twice but no reply - No response to letter from respondent stating was appropriate to close file and/or strike out claim - Authority offered to convene investigation meeting but heard no more from other counsel until present application - Present application sent to applicant was returned - No response from further letter to applicant - Mere assertion that respondent's assets had been sold not sufficient to warrant striking out matter - Applicant's failure to advise of any new contact details and two-year silence was different matter - Delay inordinate and inexcusable - Not in interests of justice to allow matter to continue to hang over respondent or respondent's managing director's head - Problem struck out |
| Result | Application granted ; Proceedings struck out ; No order for costs |
| Number of Pages | 2 |
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