New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Leave to appeal under s163

  • 18 Nov 2016

    J v ACCIDENT COMPENSATION CORPORATION [2016] NZHC 2769

    Citation
    [2016] NZHC 2769
    Court
    High Court

    Leave to appeal was granted because the proposed appeal raised questions of law capable of bona fide and serious argument, the issues were of public importance and not previously settled at High Court/Court of Appeal level, and the interests of justice favored allowing a case stated to the Court of Appeal on four specified legal questions concerning the scope and interpretation of the Accident Compensation Act 2001 relating to pregnancy and weekly compensation.

    • Weekly compensation entitlement
    • Pregnancy as personal injury
    • Leave to appeal under s163
    • Interpretation of s103(2)

  • 25 Mar 2014

    STUDMAN v ACCIDENT COMPENSATION CORPORATION [2014] NZHC 574

    Citation
    [2014] NZHC 574
    Court
    High Court

    Leave to appeal was declined because the dispute had become moot after ACC granted cover; the proposed question was too abstract to be resolved usefully in the absence of a live controversy; existing authority and statutory methodology require an identifiable personal injury under s20(1)/s26(1) and there was no public importance justification sufficient to overcome the high threshold for hearing a moot appeal.

    • Treatment injury
    • Personal injury definition
    • Mootness
    • Leave to appeal under s163

  • 11 Jun 2010

    ASHLEY AND COLHURST V ACCIDENT COMPENSATION CORPORATION HC WN CIV-2009-485-1669

    Citation
    openlaw-a7bfe011_281b_4de3_b56e_cfe84891b35d.pdf
    Court
    High Court

    Leave refused because the dispute was essentially factual; the High Court found ACC had complied with the Treatment Regulations (including proper nomination under reg 18) and that the appellants were presented with an informed real choice; no arguable question of law of sufficient importance existed to justify leave under s163.

    • Leave to appeal under s163
    • Treatment regulations
    • Regulation 18 nomination
    • Elective surgery funding
    • Procedural fairness