| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 338/04 |
| Determination date | 19 October 2004 |
| Member | J Wilson |
| Representation | R Towner ; P Muir |
| Location | Auckland |
| Parties | Boise New Zealand Ltd v Slight |
| Summary | PRACTICE AND PROCEDURE - Application for order that certain evidence be confidential - Substantive proceedings related to enforceability of restraint of trade clause - Alleged documents of extremely commercially sensitive nature - Without evidence impossible to decide whether restraint of trade clause enforceable against respondent - If information commercially sensitive any wider distribution could cause applicant irreparable damage - Public policy that all evidence before Authority open to scrutiny - Overriding principle was whether or not justice would be properly served if order not granted - Respondent would not have been disadvantaged by order - Applicant's case would have been impossible to argue if unable to present evidence - Confidentiality orders issued on understanding that they did not predetermine substantive issues |
| Result | Application granted ; Orders accordingly ; Costs reserved |
| Statutes | ERA s160;ERA Schedule 2 cl10 |
| Cases Cited | Anderson v The Employment Tribunal [1992] 1 ERNZ 500;Drew New Zealand Ltd v Hodgson unreported, Colgan J, 11 April 1997, AEC 25/97;Port Nelson Ltd v Commerce Commission (1994) 7 PRNZ 344;Scott v Scott [1913] AC 417 |
| Number of Pages | 4 |
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