[2022] NZEmpC 26 Tupe v The Board of Trustees of Te Manawa O Tuhoe Trust [pdf, 192 KB]
...that he will be unable to pay costs.12 Only then can Mr Tupe’s failure to provide a strong rebuttal can be considered.13 [20] I am not satisfied that the Trust has provided any such evidence. Ms McLean’s belief that he would not have the resources is based on speculation, not any actual knowledge of his circumstances. Accordingly, no rebuttal is required from Mr Tupe. [21] I do not consider that the fees charged by Mr Austin are an appropriate basis for concluding Mr Tupe w...