New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Review of cover decisions

Legal area

Court

12 Nov 2019

HERBST v ACCIDENT COMPENSATION CORPORATION [2019] NZHC 2953

Citation

[2019] NZHC 2953
Court

High Court

The High Court has no power to grant special leave under s 162 where the District Court struck out an out‑of‑time application for leave because the District Court lacked jurisdiction to extend the statutory 21‑day period absent the respondent's waiver; a jurisdictional strike‑out is not a refusal of leave within s 162(3), therefore the High Court must dismiss the application for special leave.
12 Nov 2015

Umpierrez v Accident Compensation Corporation

Citation

[2015] NZACC 341
Court

District Court

The Court accepted the reviewer and the opinions of Dr Prestage and Mr Howie that there was insufficient evidence to establish a causal link between the 4 January 2013 covered lumbar sprain and the left‑sided symptoms presenting at the end of March/early April 2013; the 29 April 2013 letter, construed in context, amounted to a suspension under s117 and suspension was justified because the covered injury had resolved and there was no proven causal nexus to the April presentation; accordingly the review decision dismissing the claimant's application was upheld and the appeal dismissed.