KNIGHT V ACCIDENT COMPENSATION CORPORATION HC CHCH CIV-2005-485-1582

KNIGHT V ACCIDENT COMPENSATION CORPORATION HC CHCH CIV-2005-485-1582

The High Court lacks power to extend the Court of Appeal Rules' 20 working day time limit for an application for leave under s 163; the novel point relied on was not raised previously, is not a question of law capable of bona fide and serious argument in the context of this record, and in the interests of finality and overall justice leave is refused.

Citation
openlaw-73ddb710_62c1_41a4_a887_7500675acf74.pdf
Parties
Intending Appellant: Lyn Brian Wakelyn Knight; Intended Respondent: Accident Compensation Corporation
Court
High Court
Jurisdiction
New Zealand
Judgment Date
6 April 2006
Procedural Posture
Application for Leave to Appeal to the Court of Appeal Under S 163 Injury Prevention, Rehabilitation and Compensation Act 2001 / High Court Oral Judgment on Application for Leave
Outcome
Application for leave to appeal to the Court of Appeal under s 163 declined
Legal Topics
Interest Under S 114, Leave to Appeal Under S 163, Time Limits for Appeal, Estimation of Earnings Under Clause 50 First Schedule
Accident Compensation Administrative Law Civil Procedure Statutory Interpretation Interest Under S 114 Leave to Appeal Under S 163 Time Limits for Appeal Estimation of Earnings Under Clause 50 First Schedule

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Parties

Lyn Brian Wakelyn Knight

Intending Appellant

Accident Compensation Corporation

Intended Respondent

Procedural Posture

Application for Leave to Appeal to the Court of Appeal Under S 163 Injury Prevention, Rehabilitation and Compensation Act 2001 / High Court Oral Judgment on Application for Leave

Legal Issues

  1. 1 Whether s 163 prescribes a time limit for applying for leave to appeal to the Court of Appeal
  2. 2 Whether the High Court has power to extend the Court of Appeal Rules time limit for leave under s 163
  3. 3 Whether s 114 interest is triggered when the Corporation can estimate earnings under clause 50 First Schedule

Ratio Decidendi

The High Court lacks power to extend the Court of Appeal Rules' 20 working day time limit for an application for leave under s 163; the novel point relied on was not raised previously, is not a question of law capable of bona fide and serious argument in the context of this record, and in the interests of finality and overall justice leave is refused.

Court Disposition

Application for leave to appeal to the Court of Appeal under s 163 declined

Orders

  • Application for leave to appeal to the Court of Appeal under s 163 declined
  • Intending appellant to pay respondent $750.00 paid into court as security for costs (inclusive of disbursements)