Duffy v Accident Compensation Corporation

Duffy v Accident Compensation Corporation

The Court concluded the appropriate course is to consolidate and hear the two related appeals together; it recorded that the Clause 47 argument is no longer viable in light of Murray v ACC, leaving the question of potential earner status and assessment of potential loss (notably for ages 18–26 and possible future assessments) as the substantive issues to be resolved; accordingly the Court directed further submissions on Section 105 and listed the matters for joint hearing.

Citation
[2014] NZACC 168
Parties
Appellant (acr 340/13) and Respondent (acr 471/10): Jonathan Duffy; Appellant (acr 471/10) and Respondent (acr 340/13): Accident Compensation Corporation
Court
District Court
Jurisdiction
New Zealand
Judgment Date
16 July 2014
Procedural Posture
Appeal Under Section 149 of the Accident Compensation Act 2001 / Pre Hearing Directions and Consolidation; Matters Set Down for Hearing Together
Outcome
Court directed consolidated management and further submissions; set both matters down for joint hearing.
Legal Topics
Weekly Compensation, Potential Earnings, Earner Status, Schedule 1 Clause 47, Section 105, Consolidation of Appeals
Accident Compensation Administrative Law Social Security/benefits Weekly Compensation Potential Earnings Earner Status Schedule 1 Clause 47 Section 105 +1 more

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Parties

Jonathan Duffy

Appellant (acr 340/13) and Respondent (acr 471/10)

Accident Compensation Corporation

Appellant (acr 471/10) and Respondent (acr 340/13)

Procedural Posture

Appeal Under Section 149 of the Accident Compensation Act 2001 / Pre Hearing Directions and Consolidation; Matters Set Down for Hearing Together

Legal Issues

  1. 1 Whether a person who is not an earner at the date of injury can be entitled to weekly compensation
  2. 2 Whether a 15-year-old was a potential earner at the date of injury
  3. 3 Whether Clause 47 of Schedule 1 permits payment based on actual earnings rather than potential earnings

Ratio Decidendi

The Court concluded the appropriate course is to consolidate and hear the two related appeals together; it recorded that the Clause 47 argument is no longer viable in light of Murray v ACC, leaving the question of potential earner status and assessment of potential loss (notably for ages 18–26 and possible future assessments) as the substantive issues to be resolved; accordingly the Court directed further submissions on Section 105 and listed the matters for joint hearing.

Court Disposition

Court directed consolidated management and further submissions; set both matters down for joint hearing.

Orders

  • J Duffy to file detailed submissions on the Section 105 issue within 28 days
  • Submissions in reply to be filed 28 days thereafter