SINCLAIR V ACCIDENT COMPENSATION CORPORATION CA678/2012 [2013] NZCA 558
The appeal was dismissed because the parties informed the Court they had resolved all outstanding issues by agreement, rendering the appeal moot; accordingly dismissal was appropriate and no order for costs was made.
Source-derived case information.
- Citation
- [2013] NZCA 558
- Parties
- Appellant: Hazel Sinclair; Respondent: Accident Compensation Corporation
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 14 November 2013
- Procedural Posture
- Appeal to the Court of Appeal / Hearing and Final Disposition (appeal Dismissed)
- Outcome
- Appeal dismissed
- Legal Topics
- Mootness, Settlement, Dismissal of Appeal, Costs
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hazel Sinclair
Appellant
Accident Compensation Corporation
Respondent
Procedural Posture
Appeal to the Court of Appeal / Hearing and Final Disposition (appeal Dismissed)
Legal Issues
- 1 Whether the appeal was moot following settlement between the parties
- 2 Whether the Court should dismiss the appeal by consent
- 3 Whether any order for costs should be made
Ratio Decidendi
The appeal was dismissed because the parties informed the Court they had resolved all outstanding issues by agreement, rendering the appeal moot; accordingly dismissal was appropriate and no order for costs was made.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed.
- No order for costs.
Full Case Text
Judgment text and source record
1 paragraphs
SINCLAIR V ACCIDENT COMPENSATION CORPORATION CA678/2012 [2013] NZCA 558 [14 November 2013]IN THE COURT OF APPEAL OF NEW ZEALANDCA678/2012[2013] NZCA 558BETWEEN HAZEL SINCLAIRAppellantAND ACCIDENT COMPENSATIONCORPORATIONRespondentHearing: 11 November 2013Court: Stevens, Miller and Simon France JJCounsel: A C Beck and W A Forster for AppellantI G Hunt for RespondentJudgment: 14 November 2013 at 11.30 amJUDGMENT OF THE COURTA As all outstanding issues between the parties have been resolved in a manner agreed between counsel, the appeal is dismissed.B There is no order for costs.____________________________________________________________________REASONS OF THE COURT(Given by Stevens J)[1] When the appeal was called the Court heard argument on the issue of mootness and related matters.[2] At the conclusion of the oral argument the hearing was adjourned so that counsel might explore a resolution of all outstanding issues between the parties.[3] When the hearing resumed the Court was informed that all outstanding issues between the parties had been resolved in a manner agreed between counsel.[4] On that basis counsel accepted that the appeal could be dismissed.[5] There is no order for costs.Solicitors:Peter Sara, Dunedin for AppellantYoung Hunter, Christchurch for Respondent