| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 117/10 |
| Determination date | 12 March 2010 |
| Member | D King |
| Representation | D Chesterman ; M Hammond |
| Location | Auckland |
| Parties | Wynne v The Order of St John Midland Regional Trust Board |
| Summary | PRACTICE AND PROCEDURE - Application for stay of proceedings - Applicant sought stay of proceedings for costs determination - Applicant had applied to Employment Court for extension of time to make election under s179 Employment Relations Act 2000 to challenge Authority determination - Applicant claimed costs award against him would prejudice ability to fund and proceed with out of time application and any challenge - Applicant claimed respondent large organisation and stay of proceedings would not impact upon it - Respondent opposed application - Claimed application provided no basis for stay - Claimed until costs determination made applicant’s ability to fund proceedings could not as matter of fact be limited - Respondent claimed applicant’s right of challenge not rendered nugatory if stay not granted - Respondent claimed would be injuriously affected by stay, was charitable organisation without unlimited funds, and in interests of justice proceedings finalised by determination of costs - Found as no costs award made yet difficult to see how applicant could say award would render ability to challenge nugatory or prejudice ability to challenge - Found respondent entitled to finality - Authority accepted respondent did not have unlimited funds - Application for stay declined |
| Result | Application dismissed ; Orders made ; No order for costs |
| Main Category | Practice & Procedure |
| Statutes | ERA s179 |
| Cases Cited | Wynne v The Order of St John Midland Regional Trust Board unreported, R A Monaghan, 3 Jul 2007, AA 200/07;Wynne v The Order of St John Midland Regional Trust Board unreported, D King, 7 Dec 2009, AA 437/09 |
| Number of Pages | 3 |
| PDF File Link: | aa 117_10.pdf [pdf 14 KB] |