New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Independence of reviewer

Legal area

Court

22 Mar 2006

WILLSON HC WN CIV-2005-485-1974

Citation

openlaw-d9439d6d_8109_4a36_8fd0_bc05132724c8.pdf
Court

High Court

s 133(5) does not necessarily bar the High Court from entertaining judicial review remedies challenging the process or independence of an ACC reviewer where those issues cannot be effectively determined under the statutory review/appeal scheme; therefore the strike-out application fails and is dismissed.
8 Jun 2004

Tane v Accident Compensation Corporation

Citation

[2004] NZACC 156
Court

District Court

Because the appellant did not pursue the independence argument at the District Court hearing, did not file further submissions, and counsel later withdrew leaving the respondent's account unchallenged, there was no point of law capable of bona fide and serious argument and therefore leave to appeal to the High Court was declined.