Mitchell v Accident Rehabilitation and Compensation Insurance Corporation
Court exercised its discretion under the District Court Rules 1992 and fixed costs: representation costs at $1,200.00, medical costs confirmed at $451.00, and travel/accommodation reduced to $700.00 as excessive; total awarded to appellant $2,351.00 because the appeal was twofold and more complex than the norm.
Source-derived case information.
- Citation
- [1998] NZACC 12
- Parties
- Appellant: Alistair Douglas Mitchell; Respondent: Accident Rehabilitation and Compensation Insurance Corporation
- Court
- District Court
- Jurisdiction
- New Zealand
- Judgment Date
- 29 January 1998
- Procedural Posture
- Appeal Under Accident Rehabilitation and Compensation Insurance Act 1992 S91 / Costs Determination (post Appeal)
- Outcome
- Costs awarded to appellant and quantified.
- Legal Topics
- Costs of Litigation, Travel and Accommodation Expenses, Expert Medical Evidence, Quantum of Costs, Discretionary Costs Awards
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alistair Douglas Mitchell
Appellant
Accident Rehabilitation and Compensation Insurance Corporation
Respondent
Procedural Posture
Appeal Under Accident Rehabilitation and Compensation Insurance Act 1992 S91 / Costs Determination (post Appeal)
Legal Issues
- 1 Entitlement to costs after successful appeal
- 2 Quantum of representation costs
- 3 Reimbursement of travel and accommodation for medical expert evidence
Ratio Decidendi
Court exercised its discretion under the District Court Rules 1992 and fixed costs: representation costs at $1,200.00, medical costs confirmed at $451.00, and travel/accommodation reduced to $700.00 as excessive; total awarded to appellant $2,351.00 because the appeal was twofold and more complex than the norm.
Court Disposition
Costs awarded to appellant and quantified.
Orders
- Respondent to pay appellant representation costs of $1,200.00
- Respondent to pay appellant medical costs of $451.00
Full Case Text
Judgment text and source record
1 paragraphs
IN THE DISTRICT COURT HELD AT PALMERSTON NORTH Decision No. 12 /98 IN THE MATTER of The Accident Rehabilitation and Compensation Insurance Act 1992 AND IN THE MATTER of an Appeal pursuant to Section 91 of the Act BETWEEN ALISTAIR DOUGLAS MITCHELL DCA 251/97 Appellant AND ACCIDENT REHABILITATION AND COMPENSATION INSURANCE CORPORATION a body corporate duly constituted under the provisions of the said Act Respondent DECISION OF JUDGE M J BEATTIE AS TO COSTS This appeal was heard on 8 October 1997 and a decision delivered on 5 November 1997. The appellant was successful and I ruled that the appellant was entitled to costs which would be fixed by the Court if the parties could not agree. Counsel for the parties advise that they cannot agree and have requested the Court determine the issue. From the Memoranda on the file it seems the parties are not far apart and the sticking point would seem to be the costs claimed by the appellant for 2 travelling to Auckland on two occasions for examination by Dr Dryson, an Environmental/ Occupational Medical Specialist. Dr Dryson's evidence would have been relevant if the Court had been called upon to determine whether the appellant was still suffering from Organo Phosphate poisoning. Leave had been granted to the appellant to adduce that evidence from Dr Dryson. The other point of disagreement would appear to be the precise quantum of the representation costs. This Court has a complete discretion under the District Court Rules 1992 and I take the view that the appellant is entitled to a reasonable reimbursement of actual costs without it necessarily being total reimbursement. The issues in this appeal were two fold and therefore the matter was of greater complexity then the norm. I fix the representation costs of the appellant at $1,200.00. The further sum of $451.00 medical costs is agreed and this sum is confirmed. Insofar as the transport and accommodation expenses of the appellant is concerned the amount claimed is $1,588.40. This sum to my mind is greater than is reasonable insofar as this appeal is concerned and I fix the sum of $700.00 for such travel and accommodation expenses. DATED this 29- day of January 1998 M J Beattie District Court Judge Mitch2.doc(gm)