Jones v Accident Rehabilitation and Compensation Insurance Corporation
No judicial determination on the merits was made because the Corporation elected to settle the appeal and accept the appellant's claim in light of the amendment to s.63 and its statement of no prejudice under s.63(2A).
Source-derived case information.
- Citation
- [1995] NZACC 37
- Parties
- Appellant: J. Jones; Respondent: The Accident Rehabilitation and Compensation Insurance Corporation
- Court
- District Court
- Jurisdiction
- New Zealand
- Judgment Date
- 21 March 1995
- Procedural Posture
- Appeal Under Accident Rehabilitation and Compensation Insurance Act 1992 S91 / Post Hearing Settlement Before Decision Issued
- Outcome
- Appeal settled in favour of the appellant; court did not issue a substantive decision.
- Legal Topics
- Limitation Period for Claims, Section 63(2) Late Filing, Section 63(2 A) Prejudice, Settlement of Appeal
Source-derived case record
Summary, issues, holding and outcome
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Parties
J. Jones
Appellant
The Accident Rehabilitation and Compensation Insurance Corporation
Respondent
Procedural Posture
Appeal Under Accident Rehabilitation and Compensation Insurance Act 1992 S91 / Post Hearing Settlement Before Decision Issued
Legal Issues
- 1 Whether the claim was time-barred under s.63(2) of the Accident Rehabilitation and Compensation Insurance Act 1992
- 2 Whether the Corporation could rely on s.63(2A) to claim prejudice from late filing
- 3 Whether the Court should determine the appeal or record settlement
Ratio Decidendi
No judicial determination on the merits was made because the Corporation elected to settle the appeal and accept the appellant's claim in light of the amendment to s.63 and its statement of no prejudice under s.63(2A).
Court Disposition
Appeal settled in favour of the appellant; court did not issue a substantive decision.
Orders
- The Registrar is to send a copy of this Minute to Mr Barnett and a copy to Mrs Jones
- Corporation to accept the claim; no prejudice relied on under s.63(2A)
Full Case Text
Judgment text and source record
1 paragraphs
IN THE DISTRICT COURT Decision No. 37/95 AT WELLINGTON DCA No. 82/94 UNDER The Accident Rehabilitation and Compensation Insurance Act 1992 AND 57 93 / 3287. IN THE MATTER of an appeal pursuant to Section 91 of the Act BETWEEN J. JONES APPELLANT AND THE ACCIDENT REHABILITATION AND COMPENSATION INSURANCE CORPORATION RESPONDENT Heard at Tauranga on: 30 November 1994 Date of Minute: March 1995 Mrs S.A. Jones, the appellant's mother, for the appellant A.D. Barnett as counsel for the Corporation MINUTE OF JUDGE J.W. IMRIE This claim is to be settled. 2. Introduction: On 28 July 1984 the appellant, who was then aged 6 years, suffered severe injuries from being struck by a motor car. This has left him with a permanent disability and the need for continuing medical and physical treatment such as physiotherapy and chiropractic. A claim for cover was filed with the Corporation in December 1993. On 18 January 1994 the Corporation issued a decision declining to pay compensation on the basis that the claim had not been lodged within twelve months of the date of personal injury as required by s.63(2). Following the hearing of the appeal, there has been correspondence between the Court, Dr McGarry, Mr Barnett and Mrs Jones. By letter dated 13 March 1995 Mr Barnett advised the Registrar:- "I advise that the Corporation will now settle this appeal in favour of the Appellant in light of the amendment to s.63 of the 1992 Act. Accordingly it is unnecessary to respond to your letter of 22 February 1995. I would be grateful if you would place this letter before Judge Imrie so that he does not proceed needlessly to issue a decision. I have written to Mrs Jones, who represents her Appellant son, advising that the claim made is now accepted and the Corporation does not claim prejudice in terms of s.63(2A)." Accordingly, it is not necessary for me to issue a decision. 3. The Registrar is to send a copy of this Minute to Mr Barnett and a copy to Mrs Jones. ".......ITS . . . .. ...... .... (J. W. Imrie DCJ)