Erwood v Accident Rehabilitation and Compensation Insurance Corporation
The District Court held that the core issue—interpretation of s.54 of the 1992 Act concerning entitlement to an independence allowance in light of earlier lump sum compensation under the 1972 Act—raised a question of law for the High Court and accordingly granted leave to appeal.
Source-derived case information.
- Citation
- [1996] NZACC 147
- Parties
- Appellant: R ERWOOD; Respondent: ACCIDENT REHABILITATION AND COMPENSATION INSURANCE CORPORATION
- Court
- District Court
- Jurisdiction
- New Zealand
- Judgment Date
- 29 November 1996
- Procedural Posture
- Appeal Under Section 91 of the Accident Rehabilitation and Compensation Insurance Act 1992 / Application for Leave to Appeal to the High Court
- Outcome
- Application for leave to appeal to the High Court granted; costs reserved.
- Legal Topics
- Independence Allowance, Section 54 Interpretation, Prior Lump Sum Compensation (accident Compensation Act 1972), Leave to Appeal
Source-derived case record
Summary, issues, holding and outcome
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Parties
R ERWOOD
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
Legal Issues
- 1 Whether the appellant qualified under s.54 of the Accident Rehabilitation and Compensation Insurance Act 1992 for an independence allowance given prior lump sum compensation under the Accident Compensation Act 1972
- 2 Whether the issue constituted a question of law warranting leave to appeal to the High Court
Ratio Decidendi
The District Court held that the core issue—interpretation of s.54 of the 1992 Act concerning entitlement to an independence allowance in light of earlier lump sum compensation under the 1972 Act—raised a question of law for the High Court and accordingly granted leave to appeal.
Court Disposition
Application for leave to appeal to the High Court granted; costs reserved.
Orders
- Leave to appeal to the High Court granted.
- Costs reserved.
Full Case Text
Judgment text and source record
1 paragraphs
IN THE DISTRICT COURT HELD AT WELLINGTON Decision No. 147 / 96 UNDER The Accident Rehabilitation and Compensation Insurance Act 1992 AND IN THE MATTER of an appeal pursuant to section 91 of the Act BETWEEN R ERWOOD Appellant (Appeal No. DCA 16/96) AND ACCIDENT REHABILITATION AND COMPENSATION INSURANCE CORPORATION a body corporate duly constituted under the provisions of the said Act Respondent DECISION ON 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 August 1996 under No. 66/96. The issue before the Court was whether the appellant qualified under s.54 of the Accident Rehabilitation and Compensation Insurance Act 1992 for an independence allowance arising out of personal injury by accident suffered on 22 January 1995. As the appellant had previously received lump sum compensation under the provisions of the Accident Compensation Act 1972, the appeal heard in this Court involved the interpretation of s.54 of the 1992 Act. I consider that the issue involved a question of law which should be decided by the High Court. The application for leave to appeal to the High Court is granted and the question of costs is reserved. DATED at WELLINGTON this 29th day of November 1996 A W Middleton District Court Judge DCA16-96.doc(J9)