Southern Crown Health Enterprises Limited (Coleman) v Accident Rehabilitation and Compensation Insurance Corporation
The judge exercised the District Court's discretion and awarded Mrs Coleman costs of $2,500 plus travel and incidental disbursements of $289.13, reducing the claimed $4,140 to $2,500.
Source-derived case information.
- Citation
- [1997] NZACC 41
- Parties
- Appellant: Southern Crown Health Enterprises Limited (Coleman); Respondent: Accident Rehabilitation and Compensation Insurance Corporation
- Court
- District Court
- Jurisdiction
- New Zealand
- Judgment Date
- 2 April 1997
- Procedural Posture
- Appeal Under Accident Rehabilitation and Compensation Insurance Act 1992 (s91) / Costs Determination
- Outcome
- Costs awarded to Mrs Coleman: $2,500 plus travel and incidental disbursements of $289.13.
- Legal Topics
- Appeal Under S91, Costs Award, Entitlement to Costs, Disbursements, Time Costing
Source-derived case record
Summary, issues, holding and outcome
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Parties
Southern Crown Health Enterprises Limited (Coleman)
Appellant
Accident Rehabilitation and Compensation Insurance Corporation
Respondent
Procedural Posture
Appeal Under Accident Rehabilitation and Compensation Insurance Act 1992 (s91) / Costs Determination
Legal Issues
- 1 Whether Mrs Coleman, drawn into the appeal, was entitled to an award of costs
- 2 Appropriate quantum of costs to award
- 3 Scope of the District Court's discretion under the rules concerning costs
Ratio Decidendi
The judge exercised the District Court's discretion and awarded Mrs Coleman costs of $2,500 plus travel and incidental disbursements of $289.13, reducing the claimed $4,140 to $2,500.
Court Disposition
Costs awarded to Mrs Coleman: $2,500 plus travel and incidental disbursements of $289.13.
Orders
- Award costs of $2,500 and travel and incidental disbursements of $289.13 to Mrs Coleman.
Full Case Text
Judgment text and source record
1 paragraphs
IN THE DISTRICT COURT HELD AT WELLINGTON Decision No. 41 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 SOUTHERN CROWN HEALTH ENTERPRISES LIMITED (COLEMAN) of Christchurch Appellant (Appeal No. DCA 206/95) 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 I have now received submissions from counsel for Mrs Coleman and from the respondent. It is accepted that Mrs Coleman had been drawn into the appeal only because her employer, the appellant, had not been involved in the review hearing and brought the appeal when it found that the Review Officer had held that Mrs Coleman had suffered a 'work' injury. In cases of this nature, the Court has a complete discretion under the District Court rules as to the amount of an award of costs. 2 The respondent concedes that Mrs Coleman is entitled to an award of costs because the nature of the appeal required her to engage counsel. Mr Sara has submitted that on a time costing basis he is entitled to $4,140. I consider that the appropriate award is $2,500 plus travel and incidental disbursements of $289.13. DATED at WELLINGTON this 2 day of April 1997 freunddubar A W Middleton District Court Judge dca20695.doc (nr)