| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 166/06 |
| Hearing date | 18 Sep 2006 |
| Determination date | 23 November 2006 |
| Member | P R Stapp |
| Representation | N Harding ; M Nutsford |
| Location | Wellington |
| Parties | Weston t/a Sportscar World v Fraser |
| Summary | PRACTICE AND PROCEDURE - Application to reopen investigation - No appearance by respondent at original investigation - Respondent alleged miscarriage of justice in relation to number of grounds - Respondent aware of details of investigation meeting and nothing prevented him being represented at it - Authority had decided no good cause for failure to attend and proceeded to act as fully in matter before it as if that party had duly attended or been represented" - Respondent claimed genuine reason for not attending as wanted to avoid breach of Companies Act 1993 - Some real doubt whether this was genuinely the case - Authority not satisfied issues in original determination, and respondent's decision not to attend personally, or have interests represented at investigation meeting, and now that he was now available, satisfied test of substantial possibility, or a real or substantial risk, of miscarriage of justice - Authority had considered issues when it decided to proceed - No foundation to respondent's arguments for reopening - Application to reopen declined" |
| Result | Application dismissed ; Costs reserved |
| Statutes | Companies Act 1993 s382(1)(a) |
| Cases Cited | Fraser v Weston t/a Sportscar World unreported, D Asher, 26 April 2006, WA 68/06 |
| Number of Pages | 3 |
| PDF File Link: | wa 166_06.pdf [pdf 17 KB] |