TLP v Accident Compensation Corporation
Because the reviewer correctly determined he had no jurisdiction absent an identifiable primary decision and the underlying dispute (payment of Dr Whitleys fees) was resolved, the appellant withdrew the appeal and the court recorded the appeal as withdrawn.
Source-derived case information.
- Citation
- [2007] NZACC 125
- Parties
- Appellant: TLP (AI 496/06); Respondent: Accident Compensation Corporation
- Court
- District Court
- Jurisdiction
- New Zealand
- Judgment Date
- 18 June 2007
- Procedural Posture
- Appeal Pursuant to Section 149 of the Injury Prevention, Rehabilitation and Compensation Act 2001 / Hearing; Reserved Decision
- Outcome
- Appeal withdrawn
- Legal Topics
- Review Jurisdiction, Primary Decision Identification, Withdrawal of Appeal, Payment of Medical Fees
Source-derived case record
Summary, issues, holding and outcome
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Parties
TLP (AI 496/06)
Appellant
Accident Compensation Corporation
Respondent
Procedural Posture
Appeal Pursuant to Section 149 of the Injury Prevention, Rehabilitation and Compensation Act 2001 / Hearing; Reserved Decision
Legal Issues
- 1 Whether the reviewer had jurisdiction to hear the review in absence of an identified primary decision
- 2 Whether a review decision which records no identifiable primary decision is valid
- 3 Whether the appeal should proceed where the underlying dispute has been resolved and the appellant seeks withdrawal
Ratio Decidendi
Because the reviewer correctly determined he had no jurisdiction absent an identifiable primary decision and the underlying dispute (payment of Dr Whitleys fees) was resolved, the appellant withdrew the appeal and the court recorded the appeal as withdrawn.
Court Disposition
Appeal withdrawn
Orders
- Appeal withdrawn
Full Case Text
Judgment text and source record
1 paragraphs
IN THE DISTRICT COURT HELD AT ROTORUA Decision No. 125 /2007 IN THE MATTER of the Injury Prevention, Rehabilitation and Compensation Act 2001 AND IN THE MATTER of an appeal pursuant to Section 149 of the Act BETWEEN TLP (AI 496/06) Appellant AND ACCIDENT COMPENSATION CORPORATION Respondent HEARD at ROTORUA on 23 May 2007 APPEARANCES Mrs A Stewart and Mr T Carlysle, Advocates for Appellant. Mr A D Barnett, Counsel for Respondent. RESERVED DECISION OF JUDGE M J BEATTIE [1] The appellant had a number of appeals before me today, this appeal being one of them. [2] The Review Decision sought to be appealed in this appeal is the decision of Mr M J Dunn, dated 14 November 2006, being Review No. 48460. [3] The Reviewer determined that he had no jurisdiction to hear a review as he could not identify a primary decision. [4] It seems to be the case that the appellant had lodged an Application for Review when a problem arose about the respondent paying the outstanding fees of Dr Brian Whitley, Oral and Maxillofacial Surgeon. [5] I was advised by the appellant that this matter had been resolved and Dr Whitley's fees had been paid. [6] In those circumstances I invited the appellant to withdraw the appeal, to which she agreed. [7] For the foregoing reasons, therefore, this appeal is withdrawn. DATED at AUCKLAND this 18th of June 2007 M J Beattie District Court Judge