Erwood v Accident Rehabilitation and Compensation Insurance Corporation
The judge exercised the court's discretion to award costs in favour of the appellant for the application for leave to appeal, finding that the appellant required solicitor assistance and ordering the respondent to pay a fixed contribution of $350 towards those costs.
Source-derived case information.
- Citation
- [1997] NZACC 229
- Parties
- Appellant: Robert John Erwood; Respondent: Accident Rehabilitation and Compensation Insurance Corporation
- Court
- District Court
- Jurisdiction
- New Zealand
- Judgment Date
- 12 November 1997
- Procedural Posture
- Appeal Under the Accident Rehabilitation and Compensation Insurance Act 1992 / Costs Decision on Application for Leave to Appeal
- Outcome
- Respondent ordered to pay appellant $350 towards costs of the application for leave to appeal.
- Legal Topics
- Costs, Leave to Appeal, Appeal to High Court
Source-derived case record
Summary, issues, holding and outcome
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Parties
Robert John Erwood
Appellant
Accident Rehabilitation and Compensation Insurance Corporation
Respondent
Procedural Posture
Appeal Under the Accident Rehabilitation and Compensation Insurance Act 1992 / Costs Decision on Application for Leave to Appeal
Legal Issues
- 1 Whether costs should be awarded for the application for leave to appeal
- 2 Quantum of any costs award for the leave application
Ratio Decidendi
The judge exercised the court's discretion to award costs in favour of the appellant for the application for leave to appeal, finding that the appellant required solicitor assistance and ordering the respondent to pay a fixed contribution of $350 towards those costs.
Court Disposition
Respondent ordered to pay appellant $350 towards costs of the application for leave to appeal.
Orders
- Respondent to pay appellant $350 towards the costs of the application for leave to appeal.
Full Case Text
Judgment text and source record
1 paragraphs
IN THE DISTRICT COURT HELD AT WELLINGTON Decision No. 229 97 UNDER The Accident Rehabilitation and Compensation Insurance Act 1992 AND IN THE MATTER of an appeal pursuant to section 91 of the Act BETWEEN ROBERT JOHN ERWOOD of Auckland 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 OF JUDGE A W MIDDLETON ON COSTS On 29 November 1996 I granted the appellant leave to appeal to the High Court against the decision of this Court issued under No. 66/96. In that decision I reserved the question of costs. In the decision on the successful appeal in the High Court, no order for costs was made. The appellant has requested this Court to make an order for costs on the application for leave to appeal in which he was assisted by a Solicitor because his handwritten submissions were indecipherable. The respondent is to pay the appellant $350 towards the costs of the application for leave to appeal. DATED at WELLINGTON this 12th day of November 1997 A W Middleton District Court Judge dca1696.doc (nr)