Accident Rehabilitation and Compensation Insurance Corporation v Batt
Leave to appeal was granted because the central question — whether accidental damage to dentures constitutes "bodily injury" under s.27 — is a question of law appropriate for determination by the High Court.
Source-derived case information.
- Citation
- [1995] NZACC 11
- Parties
- Applicant: Accident Rehabilitation and Compensation Insurance Corporation; Respondent: Michelle Jane Batt
- Court
- District Court
- Jurisdiction
- New Zealand
- Judgment Date
- 16 February 1995
- Procedural Posture
- Application for Leave to Appeal to the High Court Under S.97 of the Accident Rehabilitation and Compensation Insurance Act 1992 / Leave Application Following District Court Decision No. 89/94 (11 November 1994)
- Outcome
- Leave to appeal to the High Court granted.
- Legal Topics
- Section 27 Interpretation, Definition of "bodily Injury", Accidental Damage to Dentures, Leave to Appeal Under S.97
Source-derived case record
Summary, issues, holding and outcome
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Parties
Accident Rehabilitation and Compensation Insurance Corporation
Applicant
Michelle Jane Batt
Respondent
Procedural Posture
Application for Leave to Appeal to the High Court Under S.97 of the Accident Rehabilitation and Compensation Insurance Act 1992 / Leave Application Following District Court Decision No. 89/94 (11 November 1994)
Legal Issues
- 1 Whether accidental damage to the respondent's dentures constitutes "bodily injury" within the meaning of s.27 of the Act
- 2 Whether the question is a point of law warranting leave to appeal to the High Court under s.97
Ratio Decidendi
Leave to appeal was granted because the central question — whether accidental damage to dentures constitutes "bodily injury" under s.27 — is a question of law appropriate for determination by the High Court.
Court Disposition
Leave to appeal to the High Court granted.
Orders
- Leave to appeal to the High Court granted pursuant to s.97 of the Accident Rehabilitation and Compensation Insurance Act 1992.
Full Case Text
Judgment text and source record
1 paragraphs
IN THE DISTRICT COURT HELD AT WELLINGTON Decision No. 1 /95 UNDER The Accident Rehabilitation and Compensation Insurance Act 1992 AND IN THE MATTER of an appeal pursuant to s.97 of the Act BETWEEN ACCIDENT REHABILITATION AND COMPENSATION INSURANCE CORPORATION a body corporate duly constituted under the provisions of the said Act Applicant (Appeal No. DCA 195/94) AND MICHELLE JANE BATT of Westport Respondent APPLICATION FOR LEAVE TO APPEAL TO THE HIGH COURT The applicant has applied under s.97 for leave to appeal to the High Court against a decision of this Court delivered on 11 November 1994 under No. 89/94. Section 97 permits any party who is dissatisfied with the decision of the District Court as being erroneous in point of law, with the leave of the Court, to appeal to the High Court. The issue before this Court was the interpretation of s.27 and involved a question of whether accidental damage to the appellant's dentures constituted bodily injury within the meaning of the Act. 2 Both parties agree that the issue raised in the appeal constitutes a question of law which should be the subject of an appeal to the High Court. Accordingly, leave to appeal to the High Court is granted. DATED at WELLINGTON this lb" day of February 1995 A W Middleton District Court Judge dc195-94.doc(mh)