Sykes v Accident Compensation Corporation
The Court found that the withdrawal notation was made in error due to a misunderstanding and, exercising its discretion, reinstated the appeal because it was never intended to be withdrawn and the respondent did not oppose reinstatement.
Source-derived case information.
- Citation
- [2008] NZACC 223
- Parties
- Appellant: KEVIN SYKES; Respondent: ACCIDENT COMPENSATION CORPORATION
- Court
- District Court
- Jurisdiction
- New Zealand
- Judgment Date
- 16 September 2008
- Procedural Posture
- Appeal Under the Injury Prevention, Rehabilitation and Compensation Act 2001 (s149) / Application to Reinstate Appeal; Appeal Reinstated
- Outcome
- Appeal reinstated
- Legal Topics
- Reinstatement of Appeal, Withdrawal, Mistake, Court Discretion
Source-derived case record
Summary, issues, holding and outcome
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Parties
KEVIN SYKES
Appellant
ACCIDENT COMPENSATION CORPORATION
Respondent
Procedural Posture
Appeal Under the Injury Prevention, Rehabilitation and Compensation Act 2001 (s149) / Application to Reinstate Appeal; Appeal Reinstated
Legal Issues
- 1 Whether the notation of withdrawal was made in error due to a misunderstanding
- 2 Whether the Court should exercise its discretion to reinstate the appeal
Ratio Decidendi
The Court found that the withdrawal notation was made in error due to a misunderstanding and, exercising its discretion, reinstated the appeal because it was never intended to be withdrawn and the respondent did not oppose reinstatement.
Court Disposition
Appeal reinstated
Orders
- Appeal is reinstated.
- Appellant, through counsel, to file and serve interim submissions in accordance with the Practice Note within 28 days of receipt of this decision.
Full Case Text
Judgment text and source record
1 paragraphs
IN THE DISTRICT COURT HELD AT WELLINGTON Decision No. 223 /2008 IN THE MATTER of the Injury Prevention, Rehabilitation and Compensation Act 2001 AND IN THE MATTER of an appeal pursuant to Section 149 of the Act BETWEEN KEVIN SYKES (Al 507/06) Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent DECISION OF JUDGE M J BEATTIE [1] The appellant seeks reinstatement of this appeal, which was noted as being withdrawn at his request on 24 October 2007. From the information contained in an affidavit by the applicant in support of this application, and from confirmatory advice from staff at the Appeals Registry, I am satisfied that the notation of this appeal being withdrawn was done so in error and due to a misunderstanding between the appellant and the staff member of the Registry concerned. [2] The Court being satisfied it was never intended that this appeal be withdrawn and that the notation of same was done so as a consequence of a mistake, the Court, in the exercise of its discretionary powers, hereby reinstates this appeal. It is to be noted that Counsel for the Respondent indicated that it did not oppose this application. (3] This appeal, having now been reinstated, I direct that the appellant, through Counsel, file and serve interim submissions in accordance with the Practice Note, within 28 days of receipt of this decision. 2 [4] I further direct that the respondent file its submissions in response within a further 21 days thereof. DATED this 1 6 Th day of September 2008 M J Beattie District Court Judge