| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 35A/10 |
| Determination date | 02 August 2010 |
| Member | J Wilson |
| Representation | M Ryan ; J Ropati |
| Location | Auckland |
| Parties | Kelleher v Wiri Pacific Ltd |
| Summary | PRACTICE AND PROCEDURE – Application to stay costs order pending outcome of challenge to Employment Court (“EC”) – Applicant challenged Authority’s earlier substantive determination in EC – Applicant transferred $9,000 into representative’s trust account pending agreement of parties or by order of EC – Respondent opposed stay on basis applicant bankrupt – Respondent claimed applicant provided no evidence to explain why refused to pay costs order – Authority found whether to grant stay a discretionary exercise balancing position of both parties – Found applicable legal principle provided application for stay must be “common and appropriate” and sum be paid to independent stakeholder - Found application “common and appropriate” – Found applicant lodged $9,000 with “independent stakeholder” therefore respondent would suffer no prejudice and no risk applicant not able to pay in event challenge unsuccessful – Found applicant expeditiously pursued challenge – Found appropriate to grant stay on following conditions – First, applicant’s representatives must continue to hold sum on trust pending agreement or by order of EC – Second, applicant to file amended statement of claim incorporating challenge to Authority’s costs determination – Third, applicant must continue prosecuting challenge expeditiously – COSTS – Reserved on basis best dealt with by EC as part of its disposition of challenge - Application for stay granted |
| Result | Application for stay granted ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s180 |
| Cases Cited | Kelleher v Wiri Pacific Ltd unreported, L Robinson, 14 Dec 2009, AA 450/09;Kelleher v Wiri Pacific Ltd unreported, L Robinson, 28 Jan 2010, AA 35/10;Koia v Attorney-General in respect of the Chief Executive of the Ministry of Justice [2004] 1 ERNZ 116;Philip Morris (NZ) Ltd v Liggett & Myers Tobacco Co (NZ) Ltd [1977] 2 NZLR 41 (CA) |
| Number of Pages | 5 |
| PDF File Link: | aa 35a_10.pdf [pdf 20 KB] |