Busch v Accident Rehabilitation and Compensation Insurance Corporation
The application for leave to appeal was granted because the District Court judge relied on prior decisions of the Court that had not been tested in the High Court, thereby raising a question of law appropriate for determination by the High Court.
Source-derived case information.
- Citation
- [1995] NZACC 110
- Parties
- Appellant: Rodney Dominic Busch; Respondent: Accident Rehabilitation and Compensation Insurance Corporation
- Court
- District Court
- Jurisdiction
- New Zealand
- Judgment Date
- 13 September 1995
- Procedural Posture
- Appeal Under Section 97 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
- Lump Sum Compensation, Section 147 Compliance, Statutory Interpretation, Leave to Appeal, High Court Review
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rodney Dominic Busch
Appellant
Accident Rehabilitation and Compensation Insurance Corporation
Respondent
Procedural Posture
Appeal Under Section 97 Accident Rehabilitation and Compensation Insurance Act 1992 / Application for Leave to Appeal to the High Court
Legal Issues
- 1 Whether appellant was entitled to lump sum compensation under s.147
- 2 Whether failure to comply with s.147 precluded entitlement
- 3 Whether the District Court judge misinterpreted the relevant provisions of the Act
Ratio Decidendi
The application for leave to appeal was granted because the District Court judge relied on prior decisions of the Court that had not been tested in the High Court, thereby raising a question of law appropriate for determination by the High Court.
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.10 195 UNDER The Accident Rehabilitation and Compensation Insurance Act 1992 AND IN THE MATTER of an appeal pursuant to section 97 of the Act BETWEEN RODNEY DOMINIC BUSCH of 45/ 94/ 1079. Auckland Appellant (Appeal No. DCA 294/94) AND ACCIDENT REHABILITATION AND COMPENSATION INSURANCE CORPORATION a body corporate duly constituted under the provisions of the said Act Respondent APPLICATION FOR LEAVE TO APPEAL TO THE HIGH COURT The appellant has applied for leave to appeal the decision of the Court issued on 3 July 1995 under No. 294/94. 69/95 The issue before the Court was whether the appellant was entitled to lump sum compensation which was declined because of a failure to comply with the provisions of s.147 of the Accident Rehabilitation and Compensation Insurance Act 1992. The appellant submitted that the Judge had failed to properly interpret the relevant sections of the Act in reaching her decision. The respondent submits that the Judge adopted the interpretation of the relevant section which had been confirmed in a number of decisions of this Court. 2 I consider that as none of the decisions referred to by the Judge has been tested in the High Court, the application does raise a question of law which should be considered by the High Court. The application for leave to appeal to the High Court is therefore granted and the question of costs is reserved. DATED at WELLINGTON this 5 day of September 1995 A W Middleton District Court Judge de294-94.doc(rd)