| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA |
| CA685/2024 |
| BETWEEN | NICOLA WATKINS |
| AND | HIGHMARK HOMES LIMITED |
| CA855/2024 | ||
| BETWEEN | NICOLA WATKINS | |
| AND | HIGHMARK HOMES LIMITED | |
| Court: | French P and Whata J |
Counsel: | Applicant in CA685/2024, Appellant in CA855/2024 |
Judgment | 16 May 2025 at 11.00 am |
JUDGMENT OF THE COURT
AThe application in CA685/2024 for extensions of time in which to seek leave to appeal the decisions of the Employment Court is declined.
BThe appeal in CA855/2024 is struck out.
CWe make no order as to costs.
____________________________________________________________________
REASONS OF THE COURT
(Given by Whata J)
Ms Watkins wants to appeal:
(a)an interlocutory order by the Employment Court for security as to costs in the sum of $10,000 (the EC security decision);[1]
(b)a costs order by the Employment Court of $10,396.50 in respect of the security for costs matter (the EC costs decision);[2] and
(c)an order of the High Court staying a defamation proceeding brought by her and two related entities.[3]
[1]Watkins v Highmark Homes Ltd [2024] NZEmpC 105 [EC security decision].
[2]Watkins v Highmark Homes Ltd [2024] NZEmpC 167 [EC costs decision].
[3]Watkins v Highmark Homes Ltd [2024] NZHC 3075 [HC stay decision].
The appeals from the Employment Court require leave pursuant to s 214 of the Employment Relations Act 2000. In addition, Ms Watkins filed her leave application against the security decision 97 days late, and 16 days late for the costs decision.[4] As a consequence of this, Ms Watkins must obtain extensions of time under r 16A of the Court of Appeal (Civil) Rules 2005 (the Rules) in which to seek leave. We consider this matter in this judgment.
[4]An application for leave to appeal from a decision of the Employment Court must, in the absence of an extension of time, be filed in this Court within 28 days of the Employment Court’s decision being issued: Employment Relations Act 2000, s 214(2).
We also examine whether the appeal against the stay decision should be struck out pursuant to r 44A(1)(c) of the Rules.
Background
Ms Watkins was dismissed from Highmark Homes Ltd (HHL) in November 2017. On 30 November 2022, the Employment Relations Authority (ERA) dismissed Ms Watkins’ personal grievance claim, and allowed HHL’s counterclaim. HHL was awarded damages of $3,500.25.[5] On 1 December 2022, the ERA also declined to reopen a previous determination where it was found Ms Watkins had not raised a personal grievance for unjustified dismissal in time.[6] On 4 August 2023, the ERA declined an application by Ms Watkins to reopen these two decisions.[7]
[5]Watkins v Highmark Homes Ltd [2022] NZERA 632 at [53]–[54].
[6]As recorded…
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- AGLC
- Watkins v Highmark Homes Ltd [2025] NZCA 173
- Case
- [2025] NZCA 173
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