16 Aug 2016
SCOTT v ACCIDENT COMPENSATION CORPORATION [2016] NZHC 1887
- Citation
- [2016] NZHC 1887
- Court
- High Court
Transfer declined because Parliament enacted a specific ACC appeal regime that contemplates initial determination in the District Court with broad evidentiary powers; permitting direct transfer to the High Court would subvert that statutory scheme, likely prejudice the appellant by removing appellate steps, and was not shown to be desirable. Leave to commence defamation proceedings by originating application declined because the claim will be contested and must follow ordinary pleading and procedural requirements under the Rules.