| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 399/08 |
| Hearing date | 20 Nov 2008 |
| Determination date | 20 November 2008 |
| Member | L Robinson |
| Representation | M Nutsford ; JB Musuku |
| Location | Auckland |
| Parties | Runham v Mission Bay Holdings 2005 Ltd t/a Wylies Pharmacy |
| Summary | PRACTICE AND PROCEDURE – Application for leave to defend matter out of time – Respondent did not file statement in reply - Respondent attended investigation meeting assuming was entitled to defend application – Statement of problem (“SOP”) served on respondent’s accountants (“A”) - Time to file statement in reply (“SIR”) elapsed - Authority minute (“minute”) and notice of investigation meeting (“notice”) served on A – Respondent claimed did not receive SOP, but acknowledged A emailed minute and notice – A’s secretary stated also posted SOP to respondent – Respondent argued incapacitated for several weeks due to heart surgery, and did not see email from A until return to work – Authority not convinced that respondent did not receive SOP – Respondent did not take steps to lodge SIR despite receiving SOP with minute – However, Authority found respondent incapacitated and possible that unable to attend to affairs with normal diligence – Authority noted preferred to determine matters on contention of merits with respondent’s input, rather than on default basis – Leave to defend matter out of time granted – Short adjournment for respondent to seek legal representation – Authority considered mediation not of assistance – Date to lodge SIR set |
| Result | Application granted ; Costs reserved |
| Main Category | Practice & Procedure |
| Number of Pages | 4 |
| PDF File Link: | aa 399_08.pdf [pdf 19 KB] |