| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 414/05 |
| Hearing date | 13 Oct 2005 |
| Determination date | 13 October 2005 |
| Member | M Urlich |
| Representation | P Swarbrick ; E Butcher |
| Location | Auckland |
| Parties | Houston v Oldco PTI Ltd |
| Summary | PRACTICE AND PROCEDURE - Application for blanket suppression order - Respondent claimed evidence commercially sensitive, or so entwined with commercially sensitive evidence unable to be separated - Blanket suppression orders issued by High Court in related litigation still applied - Applicant opposed suppression - Respondent alleged disclosure of any of material for which suppression order sought likely to rock confidence of respondent's customers or suppliers, whose goodwill was respondent's major asset - Fact principal shareholder in receivership in public domain - Applicant's relationship to shareholder in public domain - Ending of parties relationship and connection to receivership of principal shareholder in public domain - Issues historical and respondent continued to trade - Authority not satisfied Anderson (cited below) test for suppression met - Could seek suppression of evidence during course of investigation - Respondent's counsel sought adjournment on grounds did not have instructions to proceed on that basis and advised challenge to refusal to grant suppression order would be sought - Adjournment granted - Determination only distributed to parties until outcome of challenge known - Authority's file not to be released without order of Authority |
| Result | Application dismissed (Suppression order) ; Investigation adjourned ; No order for costs |
| Statutes | ERA s160(1)(e);ERA Second Schedule cl10 |
| Cases Cited | Anderson v The Employment Tribunal and Aotearoa Maori Radio Trust [1992] 1 ERNZ 500;Davis v Bank of New Zealand;Houston & ors v ANZ National Bank Ltd, High Court Auckland, 17 December 2004, GV 2004-404-6932 |
| Number of Pages | 2 |
| PDF File Link: | aa 414_05.pdf [pdf 11 KB] |