Maheta v Skybus New Zealand Limited (formerly Airbus Express Limited)

[2021] NZCA 493

IN THE COURT OF APPEAL OF NEW ZEALAND

I TE KŌTI PĪRA O AOTEAROA

 CA27/2021
 [2021] NZCA 493

BETWEEN	DHARMENDRA MAHETA Applicant
AND	SKYBUS NEW ZEALAND LIMITED (FORMERLY AIRBUS EXPRESS LIMITED) Respondent

Court:	Clifford and Courtney JJ
Counsel:	L M Hansen for Applicant S M Lapthorne for Respondent
Judgment: (On the papers)	28 September 2021 at 10.30 am

JUDGMENT OF THE COURT

AThe application for an extension of time is granted.   

B    The application for leave to appeal is granted. 

CThe approved questions are:

(a)Did the Employment Court err in holding it had no jurisdiction to order a stay of the Employment Relations Authority’s costs determination, as Mr Maheta had applied for?

(b)Did the Employment Court err in awarding security for costs to the respondent on the basis that Mr Maheta was not in receipt of legal aid?

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REASONS OF THE COURT

(Given by Clifford J)

1. The applicant, Mr Maheta, is granted an extension of time to file the application for leave to appeal.[1] 

   [1]Court of Appeal (Civil) Rules 2005, r 29A. 

2. Leave to appeal is granted on the following two questions of law:[2]

   [2]Employment Relations Act 2000, s 214. 

   (a)Did the Employment Court err in holding it had no jurisdiction to order a stay of the Employment Relations Authority’s costs determination, as Mr Maheta had applied for?

   (b)Did the Employment Court err in awarding security for costs to the respondent on the basis that Mr Maheta was not in receipt of legal aid?

Solicitors:
Kiely Thompson Caisley, Auckland for Respondent