DONALDSON V ACC HC WN CIV 2006-485-895
Leave to appeal was granted because the matter raised issues of sufficient general importance and sufficient importance to the parties, and the respondent did not oppose leave.
Source-derived case information.
- Citation
- openlaw-b0328aab_d71f_41ae_9c14_e72ff8d73f9d.pdf
- Parties
- Appellant: Courtney Frances Donaldson; Respondent: Accident Compensation Corporation
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 31 March 2008
- Procedural Posture
- Application for Leave to Appeal to the Court of Appeal / Decision on Leave Application (oral Judgment in High Court)
- Outcome
- Leave to appeal granted
- Legal Topics
- Leave to Appeal, Entitlement to Compensation Under Injury Prevention Rehabilitation and Compensation Act 2001, Interpretation of Statutory Entitlements
Source-derived case record
Summary, issues, holding and outcome
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Parties
Courtney Frances Donaldson
Appellant
Accident Compensation Corporation
Respondent
Procedural Posture
Application for Leave to Appeal to the Court of Appeal / Decision on Leave Application (oral Judgment in High Court)
Legal Issues
- 1 Whether leave to appeal to the Court of Appeal should be granted
- 2 Whether the interpretation/application of entitlements under the Injury Prevention Rehabilitation and Compensation Act 2001 raises questions of general importance
Ratio Decidendi
Leave to appeal was granted because the matter raised issues of sufficient general importance and sufficient importance to the parties, and the respondent did not oppose leave.
Court Disposition
Leave to appeal granted
Orders
- Leave to appeal to the Court of Appeal is granted
Full Case Text
Judgment text and source record
1 paragraphs
DONALDSON V ACC HC WN CIV 2006-485-895 31 March 2008IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY CIV 2006-485-895IN THE MATTER OF an application for leave to appeal to Court of Appeal BETWEEN COURTNEY FRANCES DONALDSON Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 31 March 2008 Appearances: M Kavanagh for Appellant P McBride for Respondent Judgment: 31 March 2008ORAL JUDGMENT OF MACKENZIE J[1] This is an application for leave to appeal to the Court of Appeal against a decision delivered by me on 20 December 2007. It relates to entitlements to compensation under the Injury Prevention Rehabilitation and Compensation Act 2001. The respondent does not now oppose the granting of leave. I consider that the case does raise matters of sufficient general importance and of sufficient importance to the parties in this particular case to meet the test for granting leave and leave to appeal is accordingly granted."A D MacKenzie J"Solicitors: John Miller Law, Wellington for Appellant McBride, Davenport James, Wellington for respondent