Brown v Accident Rehabilitation and Compensation Insurance Corporation

IN THE DISTRICT COURT HELD Decision No 176 / 9 8 AT DUNEDIN IN THE MATTER of The Accident Rehabilitation and Compensation Insurance Act 1992 AND IN THE MATTER of an Appeal pursuant to Section 91 of the Act BETWEEN HOWARD NEVILLE BROWN DCA 82/97 Appellant AND ACCIDENT REHABILITATION AND COMPENSATION INSURANCE CORPORATION a body corporate duly constituted under the provisions of the said Act Respondent RULING OF JUDGE M J BEATTIE AS TO COSTS This is an appeal which was the subject of a Directions Conference on 4 - December 1997. Following that conference further written submissions were received from Counsel and on 30 April 1998 I delivered Directions in relation to the appeal which indicated that it was the Court's view that pursuing this appeal in its present form was not likely to achieve anything, and that the matter should be referred back to the Corporation to consider the appellant's entitlement to weekly compensation afresh. 2 That course has been accepted as being appropriate by both Counsel and the only matter now to be considered is the question of costs. In a memorandum from Counsel for the appellant he submits that it has been his purpose all along to try and persuade the respondent that the real issue was whether the appellant was incapacitated but that the Corporation had not addressed that issue. He submitted that in the light of the history of this matter it was appropriate that the appellant's legal costs for preparation and conduct of the appeal be met by the Corporation. He indicated that those costs were in excess of $6,700.00. Counsel for the respondent ruled that whilst the respondent accepted that the appeal was properly brought there is no basis for making an award for costs in the sum sought. It was also pointed out that the matter has not gone to a full hearing, merely a Directions Conference. This Court has a complete discretion on the question of costs but, within that broad statement of principle it has been accepted that such discretion does not, except in the most unusual circumstances, permit full costs to be recovered in such an order. This Court has established a level of costs which it considers appropriate for appeals in this jurisdiction where there are no particular features which take it out of the ordinary and this appeal can certainly not be said to fall into that category. Although there was not a full hearing, there was the need for appearances before the Court and subsequent submissions on issues which thereafter arose. 3 In the circumstances the Court fixes the sum of $650.00 as costs, together with the further agreed sum of $315.00 medical costs, payable by the respondent to the appellant. DATED at WELLINGTON this 3 day of Avejust 1998 Deaths MJ Beattie District Court Judge Brownrul.doc(gm)