28 Jul 2014
Privilege under s56 did not apply to the examination records because RBA Trustees, the entity examined, was entitled to be a party to the forfeiture proceeding at the time of the s107 examination, and the Commissioner additionally cannot assert privilege where he disclaimed privilege in the substance (waiver).
8 Jul 2013
The appellant was entitled to costs and disbursements as claimed because it succeeded in quashing the Authority's decision and revoking the licence; the second respondent was not entitled to costs because its participation was commercially motivated, did not alter the substantive outcome and therefore provided no reason to depart from the general costs rule.
12 Oct 2011
The High Court held the Appeal Authority erred in law by concluding the 1982 Act precluded ACC from being present and heard at reviews; ACC may be permitted to participate where the review officer, exercising powers imported from the Commissions of Inquiry Act, determines ACC has a sufficient interest to appear and be heard. The Court dismissed the challenge to the Appeal Authority's substantive compensation calculation and affirmed the Appeal Authority's determination of relevant earnings at $150/week based on the reliable short-term records and the insufficiency of ACC's speculative recalcu…
19 Mar 2008
The application for leave to appeal was dismissed for want of jurisdiction because Mr Prasad was not a party to the proceedings as required by s 67 Judicature Act 1908, and s 124 of the Copyright Act 1994 does not grant a non-party the right to seek leave to appeal.