Tait v Accident Rehabilitation and Compensation Insurance Corporation
The judge exercised case management discretion to admit the appellant's statement and Dr Robertson's report, adjourn the hearing to the next Auckland circuit, and ordered the respondent to arrange and pay for an independent specialist examination to be available at the hearing.
Source-derived case information.
- Citation
- [1995] NZACC 96
- Parties
- Appellant: Bogumila Bakula; Respondent: ACCIDENT REHABILITATION AND COMPENSATION INSURANCE CORPORATION
- Court
- District Court
- Jurisdiction
- New Zealand
- Judgment Date
- 22 August 1995
- Procedural Posture
- Appeal Under Section 91 of the Accident Rehabilitation and Compensation Insurance Act 1992 / Hearing Adjourned to Next Circuit in Auckland; Interim Directions Issued
- Outcome
- Hearing adjourned to next circuit in Auckland; appellant's statement and Dr Robertson's report admitted; respondent ordered to arrange and pay for independent specialist examination.
- Legal Topics
- Appeal, Admissibility of Evidence, Independent Medical Examination, Adjournment
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bogumila Bakula
Appellant
ACCIDENT REHABILITATION AND COMPENSATION INSURANCE CORPORATION
Respondent
Procedural Posture
Appeal Under Section 91 of the Accident Rehabilitation and Compensation Insurance Act 1992 / Hearing Adjourned to Next Circuit in Auckland; Interim Directions Issued
Legal Issues
- 1 Whether the appellant's statement and Dr Robertson's report should be admitted in evidence
- 2 Whether an independent specialist examination should be conducted and who should pay for it
- 3 Whether the hearing should be adjourned pending that examination
Ratio Decidendi
The judge exercised case management discretion to admit the appellant's statement and Dr Robertson's report, adjourn the hearing to the next Auckland circuit, and ordered the respondent to arrange and pay for an independent specialist examination to be available at the hearing.
Court Disposition
Hearing adjourned to next circuit in Auckland; appellant's statement and Dr Robertson's report admitted; respondent ordered to arrange and pay for independent specialist examination.
Orders
- Appellant's statement admitted in evidence
- Report of Dr Robertson admitted in evidence
Full Case Text
Judgment text and source record
1 paragraphs
IN THE DISTRICT COURT HELD AT HAMILTON UNDER The Accident Rehabilitation and Compensation Insurance Act 1992 AND IN THE MATTER of an appeal pursuant to section 91 of the Act BETWEEN BOGUMILA BAKULA of Auckland Appellant (Appeal No. DCA 23/95) AND ACCIDENT REHABILITATION AND COMPENSATION INSURANCE CORPORATION a body corporate duly constituted under the provisions of the said Act Respondent MEMORANDUM TO PARTIES Following a telephone conference between Mr Tomaszyk for the appellant, Mr Fawcett for the respondent and myself on 8 August 1995, the hearing of this appeal is adjourned to the next circuit in Auckland. I have granted the appellant's application that the appellant's statement and the report of Dr Robertson be admitted in evidence. In the meantime the respondent will arrange and pay for the independent specialist's examination of the appellant which is to be available at the hearing. DATED at WELLINGTON this 22nd day of Avous - 1995 A W Middleton District Court Judge de23-95.doc(rd)