Overland Footwear Company Limited v Accident Compensation Corporation
By consent the appeal was allowed, the Review decision dated 26 August 1999 was quashed, and the question whether Diane Clark suffered a gradual process injury while employed by the Appellant was remitted to the Respondent for a further review hearing under s164(2)(c) of the Accident Insurance Act 1998.
Source-derived case information.
- Citation
- [2000] NZACC 49
- Parties
- Appellant: Overland Footwear Company Limited; Respondent: Accident Compensation Corporation
- Court
- District Court
- Jurisdiction
- New Zealand
- Judgment Date
- 24 March 2000
- Procedural Posture
- Appeal Under Accident Rehabilitation and Compensation Insurance Act 1992 S91 / Decision on the Papers
- Outcome
- Appeal allowed; Review decision dated 26 August 1999 quashed; matter referred to Respondent for further review hearing under s164(2)(c) of the Accident Insurance Act 1998.
- Legal Topics
- Review, Appeal, Gradual Process Injury, Referral for Further Review
Source-derived case record
Summary, issues, holding and outcome
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Parties
Overland Footwear Company Limited
Appellant
Accident Compensation Corporation
Respondent
Procedural Posture
Appeal Under Accident Rehabilitation and Compensation Insurance Act 1992 S91 / Decision on the Papers
Legal Issues
- 1 Whether the appellant's former employee Diane Clark suffered a gradual process injury to her back while employed by the appellant
- 2 Whether the Review decision dated 26 August 1999 should be quashed
- 3 Whether the matter should be remitted to the respondent for a further review hearing
Ratio Decidendi
By consent the appeal was allowed, the Review decision dated 26 August 1999 was quashed, and the question whether Diane Clark suffered a gradual process injury while employed by the Appellant was remitted to the Respondent for a further review hearing under s164(2)(c) of the Accident Insurance Act 1998.
Court Disposition
Appeal allowed; Review decision dated 26 August 1999 quashed; matter referred to Respondent for further review hearing under s164(2)(c) of the Accident Insurance Act 1998.
Orders
- Appeal allowed.
- Review decision dated 26 August 1999 quashed.
Full Case Text
Judgment text and source record
1 paragraphs
IN THE DISTRICT COURT HELD AT AUCKLAND Decision No. 49 /2000 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 OVERLAND FOOTWEAR COMPANY LIMITED of Hamilton Appellant (Ref: AI 151/99) AND ACCIDENT COMPENSATION CORPORATION a body corporate duly constituted under the provisions of the said Act Respondent DECISION OF JUDGE M J BEATTIE ON THE PAPERS .. ..By.consent, as per Counsels' Memorandum, this appeal is allowed and the Review decision dated 26 August 1999 is quashed. The effect of this decision is that the substantive question of whether the Appellant's former employee, Diane Clark, suffered a gradual process injury to her back whilst in the employ of the Appellant must now be referred back to the Respondent to conduct a review hearing on that question. A further review is hereby directed to be conducted pursuant to $164(2)(c) of the Accident Insurance Act 1998 DATED at WELLINGTON this 24th day of March 2000. Death M J Beattie District Court Judge