Fowler v Accident Rehabilitation and Compensation Insurance Corporation
The court applied the usual tariff and awarded the appellant $700 in costs; additionally the court ordered reimbursement of two medical report fees ($80.00 and $247.50) because both reports were relevant to the issues decided and formed part of the basis for the Court's findings.
Source-derived case information.
- Citation
- [1998] NZACC 264
- Parties
- Appellant: MICHAEL JOHN FOWLER; Respondent: ACCIDENT REHABILITATION AND COMPENSATION INSURANCE CORPORATION
- Court
- District Court
- Jurisdiction
- New Zealand
- Judgment Date
- 10 December 1998
- Procedural Posture
- Appeal Under the Accident Rehabilitation and Compensation Insurance Act 1992 (s 91) / Costs Determination Following Appeal Allowed
- Outcome
- Appellant awarded costs and reimbursement of specified medical report expenses; respondent ordered to pay.
- Legal Topics
- Appeal, Costs Assessment, Recoverability of Expert/medical Report Expenses, Judicial Discretion
Source-derived case record
Summary, issues, holding and outcome
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Parties
MICHAEL JOHN FOWLER
Appellant
ACCIDENT REHABILITATION AND COMPENSATION INSURANCE CORPORATION
Respondent
Procedural Posture
Appeal Under the Accident Rehabilitation and Compensation Insurance Act 1992 (s 91) / Costs Determination Following Appeal Allowed
Legal Issues
- 1 Whether the appellant was entitled to costs following a successful appeal
- 2 What quantum of costs was appropriate
- 3 Whether the costs of two medical reports were recoverable as part of costs
Ratio Decidendi
The court applied the usual tariff and awarded the appellant $700 in costs; additionally the court ordered reimbursement of two medical report fees ($80.00 and $247.50) because both reports were relevant to the issues decided and formed part of the basis for the Court's findings.
Court Disposition
Appellant awarded costs and reimbursement of specified medical report expenses; respondent ordered to pay.
Orders
- Respondent to pay appellant costs of $700.00
- Respondent to pay $80.00 for the medical report of Mr Williams
Full Case Text
Judgment text and source record
1 paragraphs
IN THE DISTRICT COURT HELD AT PALMERSTON NORTH Decision No. 264 198 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 MICHAEL JOHN FOWLER DCA 405/97 Appellant AND ACCIDENT REHABILITATION AND COMPENSATION INSURANCE CORPORATION a body corporate duly constituted under the provisions of the said Act Respondent DECISION OF JUDGE M J BEATTIE AS TO COSTS This appeal came on for hearing before me on 27 May 1998 and I delivered a decision dated 16 June 1998 whereby the appeal was allowed and the decision of the Corporation was revoked. It was an oversight on my part that I did not, at the time of issuing that decision, make an order for costs which would be appropriate in the circumstances. It seems that the parties have not been able to agree on the quantum of costs and have requested that the Court determine the matter. 2 The respondent does not seek to contend that the appellant ought not to have costs, but rather it is the amount of same which is in dispute. I find that the issue in this appeal and the circumstances of it as such that the usual "tariff" should apply and that the appellant in those circumstances is entitled to the sum of $700.00 by way of costs. In addition, I have been advised that there are the costs of two medical reports namely, $80.00 for a report from Mr Williams and secondly, $247.50 in respect of a report from Mr Grayson. Although the report of Mr Grayson may not have been mentioned specifically in my judgment it was a report which was relevant to the issue in the appeal and it formed part of the basis for the finding which the Court made on the level of the appellant's capacity to return to work. Both reports were relevant to the issue and accordingly, in addition to the sum of costs, I direct that the respondent pay the further sums stated above for the two medical reports. DATED at WELLINGTON this today of December 1998 M J Beattie District Court Judge Fowler2.doc(gm)