19 Aug 2019
The appellant's appeal was struck out because s149 of the Accident Compensation Act 2001 plainly prevented the appeal; accordingly the respondent, as successful party, was entitled to costs under District Court Rules Rule 14.2B and Schedule 4 category A, fixed at $4,262.50.
2 Jun 2015
The appeal was dismissed because the appellant failed to contact the court or appear as directed, justifying dismissal under the court's power to dismiss for non-compliance.
24 Jul 2012
On the balance of the medical evidence the Court was not satisfied the respondent proved entitlements for the covered concussion/headache had ceased; medical reports show ongoing headache related to the 2007 concussion and a need for repeat radiofrequency neurotomy, so suspension of entitlements in respect of the concussion/headache was invalid, whereas neck and shoulder conditions were not established as covered and therefore not entitled to ACC cover.
19 Mar 2012
Judge preferred the opinion of Mr Otto over Mr Finch and found on the balance of probabilities that the appellant's ongoing lumbar condition as of the respondent's decision date was wholly attributable to progressive degenerative disease existing prior to the 2000 injury; the respondent therefore met the evidential onus under s117 and correctly suspended entitlements.
12 Sept 2008
The Reviewer correctly declined jurisdiction because the application did not concern a decision within s6 of the Act; consequently the appeal was dismissed for lack of jurisdiction.
7 Jan 2008
The Court has no jurisdiction to entertain an appeal from a substantive review decision on a Code complaint under s149(3); the only appealable costs are awards of costs made on the hearing of a review under s148, therefore the appellant's appeal is dismissed.
2 Nov 2007
Section 149 applies only where the claimant had a rightful entitlement to receive compensation under s 80 of the 1982 Act as at 30 June 1992; because the appellant's entitlement to attendant care under s 80(3) depended on facts (needs assessment) ascertainable only after his discharge from hospital, he had no such entitlement as at that date and s 149 did not preserve s 80 for him.
2 May 2007
The court recorded and gave effect to the appellant's counsel's request to withdraw the appeal.
24 Apr 2007
The appeal was withdrawn because the parties settled and the appellant, through counsel, requested the withdrawal which the Court recorded.
14 Mar 2007
The court formally records and orders the withdrawal of the appeal at the appellant's request.