MAHETA v SKYBUS NEW ZEALAND LIMITED (FORMERLY AIRBUS EXPRESS LIMITED) [2021] NZCA 493
The Court granted an extension of time and leave to appeal because the questions of law raised—whether the Employment Court has jurisdiction to stay an Employment Relations Authority costs determination and whether security for costs was properly awarded on the basis of the applicant's lack of legal aid—warranted...
Source-derived case information.
- Citation
- [2021] NZCA 493
- Parties
- Applicant: Dharmendra Maheta; Respondent: Skybus New Zealand Limited (Formerly Airbus Express Limited)
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 28 September 2021
- Procedural Posture
- Employment Relations Appeal Application for Leave to Appeal / Application for Extension of Time and Leave to Appeal (on the Papers)
- Outcome
- Extension of time granted; leave to appeal granted on two questions of law
- Legal Topics
- Leave to Appeal, Extension of Time, Security for Costs, Jurisdiction, Stay of Costs Determination
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dharmendra Maheta
Applicant
Skybus New Zealand Limited (Formerly Airbus Express Limited)
Respondent
Procedural Posture
Employment Relations Appeal Application for Leave to Appeal / Application for Extension of Time and Leave to Appeal (on the Papers)
Legal Issues
- 1 Whether the Employment Court had jurisdiction to order a stay of the Employment Relations Authority's costs determination
- 2 Whether the Employment Court erred in awarding security for costs on the basis that the applicant was not in receipt of legal aid
Ratio Decidendi
The Court granted an extension of time and leave to appeal because the questions of law raised—whether the Employment Court has jurisdiction to stay an Employment Relations Authority costs determination and whether security for costs was properly awarded on the basis of the applicant's lack of legal aid—warranted appellate consideration.
Court Disposition
Extension of time granted; leave to appeal granted on two questions of law
Orders
- The application for an extension of time is granted.
- The application for leave to appeal is granted.
Full Case Text
Judgment text and source record
1 paragraphs
MAHETA v SKYBUS NEW ZEALAND LIMITED (FORMERLY AIRBUS EXPRESS LIMITED) [2021]NZCA 493 [28 September 2021]IN THE COURT OF APPEAL OF NEW ZEALANDI TE KŌTI PĪRA O AOTEAROACA27/2021[2021] NZCA 493BETWEEN DHARMENDRA MAHETAApplicantAND SKYBUS NEW ZEALAND LIMITED(FORMERLY AIRBUS EXPRESSLIMITED)RespondentCourt: Clifford and Courtney JJCounsel: L M Hansen for ApplicantS M Lapthorne for RespondentJudgment:(On the papers)28 September 2021 at 10.30 amJUDGMENT OF THE COURTA The application for an extension of time is granted.B The application for leave to appeal is granted.C The approved questions are:(a) Did the Employment Court err in holding it had no jurisdiction toorder a stay of the Employment Relations Authority's costsdetermination, as Mr Maheta had applied for?(b) Did the Employment Court err in awarding security for costs to therespondent on the basis that Mr Maheta was not in receipt oflegal aid?____________________________________________________________________REASONS OF THE COURT(Given by Clifford J)[1] The applicant, Mr Maheta, is granted an extension of time to file theapplication for leave to appeal.1[2] Leave to appeal is granted on the following two questions of law:2(a) Did the Employment Court err in holding it had no jurisdiction to ordera stay of the Employment Relations Authority's costs determination, asMr Maheta had applied for?(b) Did the Employment Court err in awarding security for costs to therespondent on the basis that Mr Maheta was not in receipt of legal aid?Solicitors:Kiely Thompson Caisley, Auckland for Respondent1 Court of Appeal (Civil) Rules 2005, r 29A.2 Employment Relations Act 2000, s 214.