Successful application by non-party barrister for costs against employment advocate following application for non-party discovery against her – jurisdiction of Employment Court to award costs against non-party representatives – joinder of non-parties for costs purposes – cost principles for non-party discovery applications
Menzies v Corrigan [2025] NZEmpC 186
Levi Menzies brought proceedings in the Employment Relations Authority against Nathan Corrigan and Prime Focus Security Ltd (in liquidation). He later challenged the determinations of the Authority in the Employment Court. Menzies’ representative was Lawrence Anderson, an employment advocate.
Anderson’s conduct has been the subject of adverse comment in other proceedings (see for example: Conduct of employment advocate scrutinised by Employment Court – LawNews). In an earlier judgment in this proceeding, he was warned again about his conduct after material filed indicated that he had engaged in an “unprofessional and abusive manner” towards Corrigan’s former counsel (Catherine Stewart, barrister). The court strongly recommended that he obtain mentoring support.
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Get them regulated urgently. No qualifications (does a diploma in barbering or hairdressing count for example?), judgement or accountability. I was censured by a standards committee for telling an employment advocate this. I’m really proud of that one.