16 Jun 2023
The High Court lacks jurisdiction to hear an appeal against a District Court Judge's review under s106F of the Summary Proceedings Act 1957; neither s124 District Court Act 2016 nor s237 Criminal Procedure Act 2011 provide a basis for such an appeal; appeal dismissed for want of jurisdiction.
22 May 2015
Decisions by the Corporation under s 53(2) of the Accident Compensation Act 2001 are decisions under the 2001 Act brought within pt 3 by s 354, and appeals from reviewers against such decisions are to the District Court under s 149; the Accident Compensation Appeal Authority has no jurisdiction to hear appeals under s 53(2).
21 Mar 2014
The appeal was dismissed because the challenged 12 January 2012 decision concerned declining ongoing entitlements for the leg injury and the Court had no jurisdiction to consider the separate 16 November 2011 decision declining shoulder cover, which would require an out-of-time review under s135(3).
4 Aug 2009
The appeal was dismissed because the Reviewer's decision that he had no jurisdiction was correct: the application for review failed to identify a primary decision within s6 of the Act and was therefore invalid and not reasonably brought; accordingly the Reviewer's exercise of discretion to refuse costs was upheld.
18 Jun 2007
Because the respondent acknowledged the entitlement but conditioned payment on receipt of correctly completed forms, there was no live issue for the Court to decide and thus no jurisdiction to hear the appeal; the appeal was dismissed and the appellant must complete the required paperwork to obtain payment.
21 Oct 2004
Section 149(3) of the Act expressly precludes appeals to the District Court against review decisions that concern a Corporation decision under the Code on a complaint by the claimant; the Code applies to complaints by individual claimants about the Corporation's treatment of their claims, therefore the District Court lacks jurisdiction and the appeal is dismissed.
10 Mar 1998
The Court declined to decide the s72 interest issue because it was not before the Review Officer and no Corporation decision existed; exercised its discretion under District Courts Rules r45 to award partial costs of $650 plus travelling expenses of $150 rather than full solicitor-client costs, having regard to settlement and reasonableness.