Hancy v Accident Compensation Corporation
The appeal is allowed because the reviewer has jurisdiction to consider the application dated 13 May 2002; the review decision is set aside and the matter is remitted to a review hearing for a hearing on the merits.
Source-derived case information.
- Citation
- [2004] NZACC 45
- Parties
- Appellant: Steve Hancy of Kawakawa; Respondent: Accident Compensation Corporation
- Court
- District Court
- Jurisdiction
- New Zealand
- Judgment Date
- 10 March 2004
- Procedural Posture
- Appeal Pursuant to S152 Accident Insurance Act 1998 / District Court Hearing at Whangarei; Reserved Judgment; Decision Delivered 10 March 2004
- Outcome
- Appeal allowed; review decision set aside; reviewer found to have jurisdiction; matter remitted to review hearing for hearing on the merits; costs reserved.
- Legal Topics
- Jurisdiction, Remittal, Costs
Source-derived case record
Summary, issues, holding and outcome
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Parties
Steve Hancy of Kawakawa
Appellant
Accident Compensation Corporation
Respondent
Procedural Posture
Appeal Pursuant to S152 Accident Insurance Act 1998 / District Court Hearing at Whangarei; Reserved Judgment; Decision Delivered 10 March 2004
Legal Issues
- 1 Whether the reviewer had jurisdiction to consider the appellant's application for review dated 13 May 2002
- 2 Whether the matter should be remitted to a review hearing for a hearing on the merits
Ratio Decidendi
The appeal is allowed because the reviewer has jurisdiction to consider the application dated 13 May 2002; the review decision is set aside and the matter is remitted to a review hearing for a hearing on the merits.
Court Disposition
Appeal allowed; review decision set aside; reviewer found to have jurisdiction; matter remitted to review hearing for hearing on the merits; costs reserved.
Orders
- The appeal is allowed and the review decision is set aside.
- The reviewer has jurisdiction to consider the application dated 13 May 2002 and the issue is remitted to a review hearing for a hearing on the merits.
Full Case Text
Judgment text and source record
1 paragraphs
IN THE DISTRICT COURT HELD AT WELLINGTON Decision No. 045/2004 UNDER The Accident Insurance Act 1998 AND IN THE MATTER of an appeal pursuant to Section 152 of the Act BETWEEN STEVE HANCY of Kawakawa Appellant (Appeal No. AI 403/02) AND - ACCIDENT COMPENSATION CORPORATION a body corporate duly constituted under the provisions of the said Act Respondent HEARING at WHANGAREI on 1 March 2004 APPEARANCES/COUNSEL N.S. Leader for appellant F. Becroft for respondent RESERVED JUDGMENT OF JUDGE J. CADENHEAD [1] Counsel, by consent, filed a memorandum dated 27 February 2004 before me. I have considered the contents of this consent memoranda and the decision under review, and I make the following orders: [i] The appeal is allowed and the review decision is set aside. [ii] I determine that the reviewer has jurisdiction to consider the appellant’s application for review dated 13 May 2002, and I https://openlawnz-my.sharepoint.com/personal/andrew_openlaw_nz/Documents/ACC Decisions (DC appeals)/2004/045- 2004.doc AE therefore remit the issue back to a review hearing for a hearing on the merits. [iii] Costs are reserved. DATED at WELLINGTON this ……10th ...… day of ………March…..…. 2004 (J. Cadenhead) District Court Judge 045-2004 2