Cooper-Kake v Accident Compensation Corporation
The appeal was allowed in respect of the Corporation's 28 July 2009 determination, and the appellant is entitled to payment of backdated attendant care hours for the specified periods (except when a hospital inpatient); leave to withdraw the appeal against the 21 April 2009 review decision was granted; costs follow...
Source-derived case information.
- Citation
- [2014] NZACC 105
- Parties
- Appellant: Georjah Cooper-Kake; Respondent: Accident Compensation Corporation
- Court
- District Court
- Jurisdiction
- New Zealand
- Judgment Date
- 30 April 2014
- Procedural Posture
- Appeal Under Accident Compensation Act 2001 (s 149) / Final Judgment
- Outcome
- Appeal allowed in part (as to 28 July 2009 determination); appeal as to 21 April 2009 review withdrawn by leave; costs to be agreed and paid to appellant's lawyers.
- Legal Topics
- Attendant Care Entitlements, Backdating of Benefits, Costs
Source-derived case record
Summary, issues, holding and outcome
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Parties
Georjah Cooper-Kake
Appellant
Accident Compensation Corporation
Respondent
Procedural Posture
Appeal Under Accident Compensation Act 2001 (s 149) / Final Judgment
Legal Issues
- 1 Whether the appellant was entitled to backdated attendant care hours as per the 28 July 2009 determination
- 2 Whether the appeal against the 21 April 2009 review decision was to be pursued
- 3 Appropriate costs order following the successful appeal
Ratio Decidendi
The appeal was allowed in respect of the Corporation's 28 July 2009 determination, and the appellant is entitled to payment of backdated attendant care hours for the specified periods (except when a hospital inpatient); leave to withdraw the appeal against the 21 April 2009 review decision was granted; costs follow the successful appeal and the parties were ordered to agree a reasonable sum to be paid (including disbursements) direct to John Miller Law.
Court Disposition
Appeal allowed in part (as to 28 July 2009 determination); appeal as to 21 April 2009 review withdrawn by leave; costs to be agreed and paid to appellant's lawyers.
Orders
- Appellant to be paid attendant care for periods specified in the judgment (except when hospital inpatient) at the weekly rates set out in the judgment: 0-6 months 99 hours 10 minutes; 6-12 months 93 hours 20 minutes; 1-2 years 80 hours; 2-3 years 6 months 76 hours 50 minutes; 3 years 6 months-6 years 86 hours 35...
- Leave granted to withdraw the appeal in respect of the 21 April 2009 review decision.
Full Case Text
Judgment text and source record
1 paragraphs
IN THE DISTRICT COURT AT WELLINGTON [2014] NZACC 105 ACR 797/11 UNDER THE ACCIDENT COMPENSATION ACT 2001 IN THE MATTER OF AN APPEAL UNDER SECTION 149 OF THE ACT BETWEEN GEORJAH COOPER-KAKE Appellan AND ACCIDENT COMPENSATION CORPORATION Respondent Hearing: 22 August 2013 Appearances: C Hollingsworth for appellant P A McBride for respondent Completion of evidence and submissions: 31 October 2013 Interim judgment: 31 January 2014 Draft order received from counsel: 16 April 2014 Final Judgment: 30 April 2014 FINAL JUDGMENT OF JUDGE RODERICK JOYCE QC [1] At the conclusion of my 31 January 2014 interim judgment in this appeal, which allowed such in respect of the 28 July 2009 determination of the Corporation relating to backdated attendant care hours, I asked counsel (working co-operatively) to provide a draft order to give sensible effect to that outcome, [2] I now have to hand their draft which, in the terms set out in the paragraph immediately following, becomes the Court's order in relation to backdated attendant hours. [3] That is to say that the appeal allowed in respect of the Corporation's decision dated 28 July 2009 is given effect in terms that Georjah Cooper-Kake is to be paid (per medium of her parents) attendant care for the periods set out below (excepting when she was a hospital inpatient) in the following terms: Period Attendant care hours per week 0 to 6 months 99 hours 10 minutes 6 to 12 months 93 hours 20 minutes 1 to 2 years 80 hours 2 years to 3 years 6 months 76 hours 50 minutes 3 years 6 months to 6 years 86 hours 35 minutes [4] I had also sought clarification as to whether that part of the appeal that put in question the 21 April 2009 review decision was intended to be pursued, it having featured little in the argument. [5] The advice of counsel now is that leave is sought to withdraw the appeal on that account, which leave is granted, (6] That leaves the question of costs which must follow in consequence of the granting of the appeal in respect of the 28 July 2009 determination. [7] I invite Ms Hollingsworth and Mr McBride to agree costs and I note in doing so that, reasonably and sensibly, those costs should reflect the fact that this was a particularly complicated appeal. [8] Recalling that the request was that the costs fixed be paid direct to John Miller Law, I so order as regards the sum (including reasonable disbursements) upon which Ms Hollingsworth and Mr McBride come to agree. Roderick Joyce District Court Judge