Restrictions OK
Jurisdiction Employment Relations Authority - Wellington
Reference No WA 165/05
Determination date 13 October 2005
Member G J Wood
Representation T Castle ; M Matthew
Location Wellington
Parties Brady v Athlete Management International Ltd
Summary PRACTICE AND PROCEDURE - Application for removal to Employment Court - Proceedings had been filed in Employment Court seeking declaration that applicant was employee - Alleged important question of law - Court already had similar issues before it - Alleged seriousness of allegations made by applicant such that formal court of record should hear and determine them - Accepted were grounds for removal because Court already had proceedings before it - Seriousness of issues supporting factor - Proceedings removed - COSTS - Applicant sought costs regarding case respondent had brought and withdrawn against him - Similar proceedings had been issue against applicant in High Court - Application withdrawn at very early stage - Matters now in High Court - Much of costs incurred saved applicant further costs in terms of preparation for own application - Costs to lie where they fall
Result Application granted ; Costs to lie where they fall (Previous proceedings) ; Costs reserved (Current case)
Cases Cited Bryson v Three Foot Six Ltd and Ors (2005) 28 TCL 23/1
Number of Pages 4
PDF File Link: wa 165_05.pdf [pdf 16 KB]