New Zealand Case Law: Decisions & Judgments

Topic

Representation costs

Legal area

Court

15 Feb 2018

Naidu v Accident Compensation Corporation (Review Costs and Appeals)

Citation

[2018] NZACC 38
Court

District Court

Under Regulation 4 and Schedule 1 of the Accident Compensation (Review Costs and Appeals) Regulations 2002, costs for representation are payable to the representative when properly claimed; the reviewer correctly awarded $545.42 to the representative (Mr Cadenhead) and the appellant's subsequent withdrawal did not invalidate that entitlement, therefore the award was proper and the appeal is dismissed.
1 Jul 2016

Devery v Accident Compensation Corporation

Citation

[2016] NZACC 179
Court

District Court

The Court found the appellant did not establish a physical injury on objective medical evidence (imaging and clinical consensus supported myofascial pain syndrome as a disease process rather than demonstrable tissue disruption) and, alternatively, even if an injury existed there was no evidence of a specific accident or causal series of events arising from his work; accordingly ACC cover was correctly declined and the appeal is dismissed, but the reviewer’s refusal to award representation costs is set aside and representation costs at review are granted.
10 Oct 2012

Jarvis v Accident Compensation Corporation

Citation

[2012] NZACC 336
Court

District Court

The Schedule's specific item for 'other preparation of case for review' sets a single monetary limit for preparation which cannot be extended or repeated, and the 'other expenses reasonably incurred' item is not a basis for awarding additional representation or advocate preparation costs; therefore the appellant is not entitled to further costs for preparation of final submissions and the appeal is dismissed.
25 Mar 2008

Q v Accident Compensation Corporation

Citation

[2008] NZACC 61
Court

District Court

Where no representation costs were actually incurred because the union provided representation at no charge and no invoice was presented, the Reviewer correctly declined to award representation costs under s151(3) and the Review Costs Regulations; only actually incurred costs are recoverable under the statutory scheme.

New Zealand Case Law

Naidu v Accident Compensation Corporation (Review Costs and Appeals)

Devery v Accident Compensation Corporation

Jarvis v Accident Compensation Corporation

Q v Accident Compensation Corporation