CATHERINE MARY MATTHEWS AND ANOR V ACCIDENT COMPENSATION CORPORATION HC WN CIV 2004-485-2143

CATHERINE MARY MATTHEWS AND ANOR V ACCIDENT COMPENSATION CORPORATION HC WN CIV 2004-485-2143 15 May 2006IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY CIV 2004-485-2143UNDER the Injury Prevention, Rehabilitation and Compensation Act 2001 IN THE MATTER OF of an application for leave to appeal under section 163 BETWEEN CATHERINE MARY MATTHEWS BRENT JAMES ROY MATTHEWS Appellants AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 15 May 2006 Appearances: Ms Thistoll for Appellant No appearance for Respondent Judgment: 15 May 2006JUDGMENT OF MILLER J[1] This is an application for leave to appeal to the Court of Appeal under s163 of the Injury Prevention, Rehabilitation, and Compensation Act 2001, which admits of a second appeal to the Court of Appeal on a question of law. [2] The issue concerns the construction of s80(2)(b) and s80(3) of the Accident Compensation Act 1982, which provisions deal with compensation for pecuniary loss not related earnings. The issue is whether the corporation is liable to pay an amount to Mrs Matthews that exceeds wages lost by reason of her providing attendant care for her son. [3] Ms Thistoll advised me that the corporation will abide the Court's decision.[4] The appeal turns on the construction of the provisions and accordingly raises a question of law. As to whether it is one of some general public importance, Ms Thistoll submitted that the appeal raises a question of importance as to funding of claimants who need constant oversight and care. There are a number of such cases pending in the District Court. Further, leave to appeal has been given in a similar case that was concerned with the parallel provisions in the 1972 Act. [5] In the circumstances, leave will be granted. F Miller JSolicitors: J Miller, Wellington for the Appellant No appearance for the Respondent