Adams v Accident Rehabilitation and Compensation Insurance Corporation
Leave to appeal was granted because the issue presented a question of law about the interpretation of the Regulations and the parties consented that the High Court should decide it; costs were reserved.
Source-derived case information.
- Citation
- [1997] NZACC 211
- Parties
- Appellant: ROSEMARY ANNE ADAMS; Respondent: ACCIDENT REHABILITATION AND COMPENSATION INSURANCE CORPORATION
- Court
- District Court
- Jurisdiction
- New Zealand
- Judgment Date
- 29 October 1997
- 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
- Leave to appeal to the High Court granted; costs reserved.
- Legal Topics
- Interpretation of Regulations, Definition of "long Term Disability", Leave to Appeal, High Court Jurisdiction
Source-derived case record
Summary, issues, holding and outcome
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Parties
ROSEMARY ANNE ADAMS
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 Proper interpretation of the Accident Rehabilitation and Compensation Insurance (Social Rehabilitation - Purchase and Modification of Vehicles) Regulations 1992
- 2 Meaning of "long term disability" in regulation 2
- 3 Whether the issue raises a question of law warranting High Court determination
Ratio Decidendi
Leave to appeal was granted because the issue presented a question of law about the interpretation of the Regulations and the parties consented that the High Court should decide it; costs were reserved.
Court Disposition
Leave to appeal to the High Court granted; costs reserved.
Orders
- Leave to appeal to the High Court granted
- Question referred to the High Court
Full Case Text
Judgment text and source record
1 paragraphs
IN THE DISTRICT COURT HELD AT WELLINGTON Decision No. Zi1/ 47 UNDER The Accident Rehabilitation and Compensation Insurance Act 1992 AND IN THE MATTER of an appeal pursuant to section 91 of the Act BETWEEN ROSEMARY ANNE ADAMS of Auckland Appellant (Appeal No. DCA 370/96) 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 applied for leave to appeal to the High Court against the decision of this Court issued on 9 June 1997 under number 116/97. Counsel for both the appellant and the respondent have filed a memorandum of consent that the issue before the Court should be referred to the High Court for decision. The issue is the proper interpretation of the Accident Rehabilitation and Compensation Insurance (Social Rehabilitation - Purchase and Modification of Vehicles) Regulations 1992 and in particular, the definition of "long term disability" in regulation 2. The issue clearly raises a question of law and the parties have acknowledged that it is an issue which requires the decision of the High Court. 2 Leave to appeal to the High Court is therefore granted and the question of costs is reserved. DATED at WELLINGTON this 29th day of OCTOBER 1997 Asounddub A W Middleton District Court Judge dca37096.doc (nr)