Pacific Door Systems Limited v Accident Rehabilitation and Compensation Insurance Corporation
Leave to appeal was granted because the respondent conceded that a point of law capable of serious argument existed and did not oppose the application, satisfying the requirement for leave under section 91.
Source-derived case information.
- Citation
- [1998] NZACC 68
- Parties
- Appellant: Pacific Door Systems Limited; Respondent: Accident Rehabilitation and Compensation Insurance Corporation
- Court
- District Court
- Jurisdiction
- New Zealand
- Judgment Date
- 14 April 1998
- Procedural Posture
- Appeal Under Section 91 of the Accident Rehabilitation and Compensation Insurance Act 1992 / Application for Leave to Appeal to the High Court; Leave Granted
- Outcome
- Leave to appeal to the High Court granted.
- Legal Topics
- Experience Rating, Attribution of Claims, Regulation 6 Interpretation, Leave to Appeal
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Pacific Door Systems Limited
Appellant
Accident Rehabilitation and Compensation Insurance Corporation
Respondent
Procedural Posture
Appeal Under Section 91 of the Accident Rehabilitation and Compensation Insurance Act 1992 / Application for Leave to Appeal to the High Court; Leave Granted
Legal Issues
- 1 Whether the respondent was entitled to impose on the appellant by way of attribution claims for experience rating under Reg. 6 of the Accident Rehabilitation and Compensation Insurance (Experience Rating) Regulations 1993
- 2 Whether there is a point of law capable of serious argument sufficient to grant leave to appeal to the High Court
Ratio Decidendi
Leave to appeal was granted because the respondent conceded that a point of law capable of serious argument existed and did not oppose the application, satisfying the requirement for leave under section 91.
Court Disposition
Leave to appeal to the High Court granted.
Orders
- Leave to appeal to the High Court granted.
Full Case Text
Judgment text and source record
1 paragraphs
IN THE DISTRICT COURT HELD AT WELLINGTON Decisioncon No. 68/98 UNDER The Acoccident Rehabilitation and Compensation Insurance Act 1992 AND IN THE MATTER of an appeal pursuant to section . 91 of the Act BETWEEN PACIFIC DOOR SYSTEMS LIMITRED of Seaview, Lower Appellant (Appeal No. DCA 113/97) AND ACCIDENT REHABILITATION AND COMPENSATION INSUR ANCE CORPORATION a body corporate duly constituted under the provisions of the said Act Respondlent HEARD at WELLINGTON on the 7th day of November 1998 APPEARANCES P R W Chisnall with L M C Campbell for appellant S Condie for respondent APPLICATION FOR LEAVE TO APPEAL TO THE HIGH COURT The appellant has appealed against the decision of this Court issued on 16 December 1997 under No. 262/97. The issue on appeal was whether the respondent was entitled to impose on the appellant by way of attribution claims for experience rating under Reg. 6 of the Accident Rehabilitation and Compensation. Insurance (Experience Rating) Regulations 1993. 2 The respondent does not oppose the application and concedes that there is a point of law capable of serious argument which can be the subject of an appeal. Leave to appeal to the High Court is therefore granted. DATED at WELLINGTON this 14 thday of April 1998 Awounddubai A W Middleton District Court Judge dc11397.doc(rd)