Watton v Accident Rehabilitation and Compensation Insurance Corporation
The District Court concluded that the provisions of the Accident Rehabilitation and Compensation Insurance Act 1992 apply to the age cessation limits for earnings-related compensation, and therefore the 1992 Act governs the appellant's entitlement.
Source-derived case information.
- Citation
- [1999] NZACC 21
- Parties
- Appellant: Maureen Joan Watton; Respondent: Accident Rehabilitation and Compensation Insurance Corporation
- Court
- District Court
- Jurisdiction
- New Zealand
- Judgment Date
- 3 February 1999
- Procedural Posture
- Appeal Under Accident Rehabilitation and Compensation Insurance Act 1992 (section 91) / Application for Leave to Appeal to the High Court; District Court Decision Dated 30 June 1998
- Outcome
- Leave to appeal to the High Court granted; District Court held that the 1992 Act applies to the age cessation limits for earnings-related compensation
- Legal Topics
- Age Cessation Limits, Earnings Related Compensation, Application of 1992 Act Versus 1982 Act, Leave to Appeal to High Court
Source-derived case record
Summary, issues, holding and outcome
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Parties
Maureen Joan Watton
Appellant
Accident Rehabilitation and Compensation Insurance Corporation
Respondent
Procedural Posture
Appeal Under Accident Rehabilitation and Compensation Insurance Act 1992 (section 91) / Application for Leave to Appeal to the High Court; District Court Decision Dated 30 June 1998
Legal Issues
- 1 Whether entitlement to earnings-related compensation under section 60 of the Accident Compensation Act 1982 is subject to the age cessation limits in the Accident Compensation Act 1982 or those in the Accident Rehabilitation and Compensation Insurance Act 1992
- 2 Whether leave to appeal to the High Court should be granted
Ratio Decidendi
The District Court concluded that the provisions of the Accident Rehabilitation and Compensation Insurance Act 1992 apply to the age cessation limits for earnings-related compensation, and therefore the 1992 Act governs the appellant's entitlement.
Court Disposition
Leave to appeal to the High Court granted; District Court held that the 1992 Act applies to the age cessation limits for earnings-related compensation
Orders
- Leave to appeal to the High Court granted
- District Court decision that the Accident Rehabilitation and Compensation Insurance Act 1992 applies to the age cessation limits for earnings-related compensation
Full Case Text
Judgment text and source record
1 paragraphs
IN THE DISTRICT COURT HELD AT WELLINGTON Decision No. 21 /99 UNDER The Accident Rehabilitation and Compensation Insurance Act 1992 AND IN THE MATTER of an appeal pursuant to section 91 of the Act BETWEEN MAUREEN JOAN WATTON of Gisborne Appellant (Appeal No. DCA 64/98) AND ACCIDENT REHABILITATION AND COMPENSATION INSURANCE CORPORATION a body corporate duly constituted under the provisions of the said Act Respondent APPLICATION FOR LEAVE TO APPEAL TO THE HIGH COURT The appellant has applied for leave to appeal to the High Court against the decision of this Court issued on 30 June 1998 under number 138/98. The issue on appeal was whether the appellant's entitlement to earnings related compensation pursuant to section 60 of the 1982 Act is subject to the age cessation limits provided for in the Accident Compensation Act 1982 or in the Accident Rehabilitation and Compensation Insurance Act 1992. The decision of this Court was that the provisions of the 1992 Act applied. Counsel for both parties agree that the issue is one which should be the subject of a decision by the High Court and accordingly leave to appeal to the High Court is granted. DATED at WELLINGTON this 3 5 day of February 1999 brendaida A W Middleton District Court Judge dca6498.doc (nr)