Wheeler v Accident Compensation Corporation
The District Court lacks jurisdiction to grant an extension of time for an appeal to the High Court in light of binding High Court authorities (Wyman; MacPherson); therefore the application for leave to extend time in the District Court is dismissed and any extension must be sought from the High Court.
Source-derived case information.
- Citation
- [2007] NZACC 246
- Parties
- Appellant: Janet Christine Wheeler; Respondent: Accident Compensation Corporation
- Court
- District Court
- Jurisdiction
- New Zealand
- Judgment Date
- 12 November 2007
- Procedural Posture
- Appeal Under Section 149 of the Injury Prevention, Rehabilitation, and Compensation Act 2001 / Application for Leave to Appeal to the High Court and for Extension of Time
- Outcome
- Application for leave to extend time dismissed for lack of jurisdiction in the District Court; applicant must apply to the High Court for extension of time.
- Legal Topics
- Leave to Appeal, Extension of Time, Jurisdiction, Time Limits
Source-derived case record
Summary, issues, holding and outcome
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Parties
Janet Christine Wheeler
Appellant
Accident Compensation Corporation
Respondent
Procedural Posture
Appeal Under Section 149 of the Injury Prevention, Rehabilitation, and Compensation Act 2001 / Application for Leave to Appeal to the High Court and for Extension of Time
Legal Issues
- 1 Whether the District Court has jurisdiction to extend time for lodging an appeal to the High Court under s149
- 2 Whether leave to extend time should be granted for a four day delay in lodging the appeal
- 3 Applicability of High Court authorities Wyman and MacPherson to bar District Court extension of time
Ratio Decidendi
The District Court lacks jurisdiction to grant an extension of time for an appeal to the High Court in light of binding High Court authorities (Wyman; MacPherson); therefore the application for leave to extend time in the District Court is dismissed and any extension must be sought from the High Court.
Court Disposition
Application for leave to extend time dismissed for lack of jurisdiction in the District Court; applicant must apply to the High Court for extension of time.
Orders
- Application for leave to extend time dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
IN THE DISTRICT COURT HELD AT AUCKLAND Decision No. 24-6 /2007 UNDER The Injury Prevention, Rehabilitation, and Compensation Act 2001 IN THE MATTER of an appeal pursuant to section 149 of the Act BETWEEN JANET CHRISTINE WHEELER Appellant (Appeal No. AI 193/07) AND ACCIDENT COMPENSATION CORPORATION Respondent DECISION OF JUDGE J CADENHEAD ON APPLICATION FOR LEAVE TO APPEAL TO THE HIGH COURT [1] This is an application for leave to appeal to the High Court against a decision of His Honour Judge Beattie in the District Court dated 3 August 2007. The time for lodging the appeal expired on 25 August 2007 and the application for leave to appeal was faxed to the District Court on 31 August 2007, a delay of only some four days [2] Following the decisions of Wyman v Accident Compensation Corporation of New Zealand (High Court of NZ, Wellington Registry : CIV - 2007-485-451) Judgment of S France, J, delivered 23 May 2007) and MacPherson v Accident Compensation Corporation (High Court of NZ, Auckland Registry : CIV - 2005- 419-1347) Judgment of Courtney, J. I am of the view that there is no jurisdiction in the District Court to extend time in order that this appeal may be considered. The appropriate step was to apply formally to the High Court to extend time as is outlined in these respective cases. I:JUDICIAL\CADENHA\ACC\Leave to appeal Wheeler 193.07 . . .. . . [3] Accordingly, I dismiss the application for leave to extend time for leave to appeal to the District Court, as I have no jurisdiction in that respect. I have considered the arguments of counsel for the appellant, Mr J Gwilliam, but I do not think that those arguments survive the reasonings of either of Their Honours S France J., or Courtney J. DATED at AUCKLAND this. .12...... . ......day of. November. .2007 J Cadenhead District Court Judge 2