New Zealand Case Law: Decisions & Judgments | LexChat

Topic

S 133(5) accident compensation act 2001

Legal area

Court

29 Aug 2022

THE BOARD OF TRUSTEES OF MELVILLE HIGH SCHOOL v CRONIN-LAMPE [2022] NZCA 407 [29 August 2022]

Citation

[2022] NZCA 407
Court

Court of Appeal

s 133(5) does not bar the Employment Court from hearing proceedings where a claimant has made ACC claims but has accepted the Corporation's decision so that the dispute as to cover has been resolved under Part 5; the privative effect is spent once there is no live dispute to be resolved under the Act and requiring review/appeal in those circumstances would be futile and an abuse of process.
16 Jun 2021

LESLIE NORMAN AUSTIN v ROCHE PRODUCTS (NEW ZEALAND) LIMITED [2021] NZSC 62

Citation

[2021] NZSC 62
Court

Supreme Court

A limited stay of the Supreme Court's dismissal was justified to allow ACC to consider the applicant's late review application because this balances the respondent's lack of immediate prejudice against the applicant's interest in preserving limitation-related effects; remittal and release of security for costs were inappropriate; the stay may be discharged if the applicant fails to pursue his appeal diligently or on other grounds.