Lintott v Accident Rehabilitation and Compensation Insurance Corporation
Given fixed court circuits and judicial commitments the court declined to order an earlier in‑court hearing but directed the respondent to provide the transcript by 16 May 1997 and allowed the appellant the option to elect resolution on the papers or notify intentions thereafter.
Source-derived case information.
- Citation
- [1997] NZACC 80
- Parties
- Appellant: Anthony Ross Lintott; Respondent: Accident Rehabilitation and Compensation Insurance Corporation
- Court
- District Court
- Jurisdiction
- New Zealand
- Judgment Date
- 29 April 1997
- Procedural Posture
- Appeal Under Accident Rehabilitation and Compensation Insurance Act 1992, S91 / Application for Directions
- Outcome
- Application for an earlier in‑court hearing refused on scheduling grounds; transcript ordered to be provided by 16 May 1997; appellant permitted to elect hearing on the papers or notify the Registrar of intentions after receipt of transcript.
- Legal Topics
- Appeal Procedure, Transcript Disclosure, Hearing Scheduling, Hardship From Cessation of Compensation
Source-derived case record
Summary, issues, holding and outcome
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Parties
Anthony Ross Lintott
Appellant
Accident Rehabilitation and Compensation Insurance Corporation
Respondent
Procedural Posture
Appeal Under Accident Rehabilitation and Compensation Insurance Act 1992, S91 / Application for Directions
Legal Issues
- 1 Whether an early hearing should be ordered
- 2 Whether the respondent should be directed to provide the transcript within 14 days
- 3 How court scheduling constraints affect the availability of an early hearing
Ratio Decidendi
Given fixed court circuits and judicial commitments the court declined to order an earlier in‑court hearing but directed the respondent to provide the transcript by 16 May 1997 and allowed the appellant the option to elect resolution on the papers or notify intentions thereafter.
Court Disposition
Application for an earlier in‑court hearing refused on scheduling grounds; transcript ordered to be provided by 16 May 1997; appellant permitted to elect hearing on the papers or notify the Registrar of intentions after receipt of transcript.
Orders
- Respondent to provide the transcript of evidence given at the review hearing to the appellant's solicitor by 16 May 1997.
- Appellant to notify the Registrar after receipt of the transcript as to his intentions for disposal of the appeal.
Full Case Text
Judgment text and source record
1 paragraphs
IN THE DISTRICT COURT HELD AT WELLINGTON Decision No. 80/97 UNDER The Accident Rehabilitation and Compensation Insurance Act 1992 AND IN THE MATTER of an appeal pursuant to section 91 of the Act BETWEEN ANTHONY ROSS LINTOTT of Riccarton, Christchurch Appellant (Appeal No. DCA 52/97) AND ACCIDENT REHABILITATION AND COMPENSATION INSURANCE CORPORATION a body corporate duly constituted under the provisions of the said Act Respondent DECISION ON APPLICATION FOR DIRECTIONS The appellant has filed an application requesting an early hearing of his appeal and a direction that the transcript of evidence at the review hearing be provided within 14 days The notice of appeal was filed on 21 February 1997 and relates to the decision of the Review Officer who heard a review on 30 January 1997 and issued a decision on 17 February 1997. While it appears that the issue relates back some four years, the hearing of the review was delayed because of a criminal trial and a subsequent appeal to the Court of Appeal arising out of charges laid by the respondent against the appellant. This resulted in a delay in the hearing of the review application and the appellant now claims hardship as the basis for his request for an early hearing of this appeal. 2 I accept the submission from the respondent that in many cases where payment of weekly compensation has ceased hardship ensues until the matter is resolved so that the appellant's position is not unusual. Whatever the situation is, unless the parties seek to have the appeal resolved on the papers, there will not be a sitting of the Court in Christchurch until the week commencing 23 June 1997. The appellant should be aware that circuits for the hearing of these appeals are made six months in advance with the result that it is difficult to make changes as the Judges involved are already committeed to other fixtures. If the appellant elects to have the issue heard on the papers it may be possible for a Judge to do so before that date but no guarantee can be given. Subject to those issues, I direct that the respondent is to provide the transcript of the evidence given at the review hearing to be provided to the appellant's solicitor by 16 May 1997 after which the appellant can notify the Registrar as to his intentions in relation to the disposal of the appeal. DATED at WELLINGTON this 29th day of April 1997 A W Middleton District Court Judge dca5297.doc (nr)