National Bank of New Zealand Ltd v Accident Rehabilitation and Compensation Insurance Corporation
Because the parties submitted a consent memorandum and requested consent orders, the Court revoked the Review Officer's decision dated 26 August 1997 and made no order for costs while reserving leave to apply on the question of costs.
Source-derived case information.
- Citation
- [1998] NZACC 241
- Parties
- Appellant: THE NATIONAL BANK OF NEW ZEALAND LTD; First Respondent: ACCIDENT REHABILITATION AND COMPENSATION INSURANCE CORPORATION; Second Respondent: ANNA DAVIDSON
- Court
- District Court
- Jurisdiction
- New Zealand
- Judgment Date
- 19 November 1998
- Procedural Posture
- Appeal Under Accident Rehabilitation and Compensation Insurance Act 1992 S91 / Consent Judgment (hearing Scheduled)
- Outcome
- Review Officer's decision dated 26 August 1997 revoked by consent
- Legal Topics
- Gradual Process Injury, Review of Review Officer Decision, Consent Orders, Costs
Source-derived case record
Summary, issues, holding and outcome
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Parties
THE NATIONAL BANK OF NEW ZEALAND LTD
Appellant
ACCIDENT REHABILITATION AND COMPENSATION INSURANCE CORPORATION
First Respondent
ANNA DAVIDSON
Second Respondent
Procedural Posture
Appeal Under Accident Rehabilitation and Compensation Insurance Act 1992 S91 / Consent Judgment (hearing Scheduled)
Legal Issues
- 1 Whether the second respondent's bilateral wrist injuries were a gradual process injury arising from employment
- 2 Whether the Review Officer's decision should be revoked by the court
Ratio Decidendi
Because the parties submitted a consent memorandum and requested consent orders, the Court revoked the Review Officer's decision dated 26 August 1997 and made no order for costs while reserving leave to apply on the question of costs.
Court Disposition
Review Officer's decision dated 26 August 1997 revoked by consent
Orders
- Review Officer's decision dated 26 August 1997 revoked
- No order as to costs; leave reserved to any party to apply regarding costs
Full Case Text
Judgment text and source record
1 paragraphs
IN THE DISTRICT COURT HELD DECISION NO. 241 / 98 AT GISBORNE IN THE MATTER of The Accident Rehabilitation and Compensation Insurance Act 1992 AND IN THE MATTER of an Appeal pursuant to Section 91 of the Act BETWEEN THE NATIONAL BANK OF NEW ZEALAND LTD DCA 330/97 Appellant AND ACCIDENT REHABILITATION AND COMPENSATION INSURANCE CORPORATION a body corporate duly constituted under the provisions of the said Act First Respondent AND ANNA DAVIDSON Second Respondent CONSENT JUDGMENT OF JUDGE M J BEATTIE This appeal was scheduled for hearing in the Gisborne District Court on 28 October 1998. The issue raised by the appellant was whether the Corporation's decision to accept the second respondent's bilateral wrist injuries as being a gradual process injury arising from her employment with the appellant was correct. 2 On the date scheduled for the hearing of this appeal the Court was presented with a Consent Memorandum signed by counsel for the parties with a request that consent orders be made. Accordingly, by consent the decision of the Review Officer dated 26 August 1997 is hereby revoked. I make no order for costs at this time but leave is reserved to any party to apply to the Court on the question of costs should such an application prove necessary. DATED at WELLINGTON this 19TH day of November . 1998 Deaths M J Beattie District Court Judge Consent.doc(gm)