Search Results

1. [2022] NZACC 4 – CJ v ACC (18 January 2022) [pdf, 219 KB]

   ...appellant has cover for personal injury in that she suffered mental injury because of physical injuries. [56] For the above reason, the appeal is allowed, and the review decision of 14 September 2020 is set aside. [57] The appellant is entitled to costs. If these cannot be agreed within one month, I shall determine the issue following the filing of memoranda. P R Spiller District Court Judge Solicitors: ACC Legal Limited, Auckland, for the appellant....

2. King - Rangitikei Manawatu Part B4 Lot 1 DP 4102 (Old Post Office) (2024) 480 Aotea MB 242 (2024 AOT 242) [pdf, 294 KB]

   ...remain a live issue following this decision. I repeat the offer I made at the hearing to appoint an independent facilitator for the next AGM if parties consider that to be helpful. Leave is reserved to the trustees to apply for such assistance. The costs will be met form the Courts special aid fund. [63] It is also common ground that all trustees elect (and returning trustees) are suitable for appointment. Having reviewed the evidence, the minutes, and the trustee consent forms I am...

3. Jessup v Accident Compensation Corporation (Work Related Gradual Process Injury) [2022] NZACC 218 [pdf, 215 KB]

   ...balance of probabilities that he is entitled to cover for occupational asthma as a work-related gradual process injury. [43] The appeal is therefore dismissed, and the review decision of 16 March 2022 is confirmed. [44] I make no order as to costs. P R Spiller District Court Judge Solicitors: Schmidt & Peart Law for the appellant

4. Tutt v Accident Compensation Corporation (Deemed Cover) [2023] NZACC 72 [pdf, 274 KB]

   ...February 2020 and therefore the respondent’s decision of 8 September 2021 revoking deemed cover for sciatica and disc protrusion is wrong and is hereby reversed. [90] Accordingly, the appeal is allowed. [91] Should there be any issue as to costs, Counsel have leave to file memoranda in respect thereof. CJ McGuire District Court Judge Solicitors: ACC and Employment Law, Ellerslie Medico Law Limited, Grey Lynn

5. Erwood v Accident Compensation Corporation (Leave to appeal to the High Court) [2023] NZACC 92 [pdf, 283 KB]

   ...cover for a treatment injury, dates back over eight years, and that the proceedings in this matter have been subjected to significant delays. This Court is not satisfied as to the wider importance of any contended point of law. 15 [58] Costs are reserved. Judge P R Spiller, District Court Judge Solicitors for the respondent: Claro Law Solicitors for the amicus curiae: Armstrong Thompson

6. LCRO 28/2024 EB v FI (30 May 2024) [pdf, 190 KB]

   ...time and proper independent advice on the EPA”. [17] The outcomes sought by the applicant were expressed in a general way as an “appropriate sanction for breach of relevant rules/code of conduct” and a request for compensation for the legal costs incurred by the applicant in doing a fresh Will and EPAs. The Standards Committee’s decision [18] The complaint was referred to the Committee for consideration by way of a memo from the LCS dated 14 December 2023. The Committee app...

7. Langston v Accident Compensation Corporation (Claims process) [2024] NZACC 93 (30 May 2024) [pdf, 214 KB]

   ...42; Wilce, above note 6, at [26]; Green, above note 7, at [14]- [15]. 16 Wilce, above note 6, at [25]. 15 [41] The decision of the Reviewer dated 19 June 2023 is therefore upheld. This appeal is dismissed. [42] I make no order as to costs. P R Spiller District Court Judge Solicitors for the Respondent: Young Hunter, Christchurch.

8. ZA v Accident Compensation Corporation (Impairment Assessment) [2023] NZACC 032 [pdf, 255 KB]

   ...decision to decline her application for a lump sum payment of compensation for her impairment, was incorrect. The decision of the Reviewer dated 25 February 2022 is therefore upheld. This appeal is dismissed. 14 [29] I make no order as to costs. P R Spiller District Court Judge

9. Hill v Accident Compensation Corporation (Interest on weekly compensation) [2023] NZACC 216 [pdf, 212 KB]

   ...2005. [57] Appeal 218/22 is therefore dismissed, except for the required modification of the Reviewer’s decision relating to the period 26 October 2004 to 27 January 2005 (as recorded in paragraph [51](b) above). [58] I make no order as to costs. [59] This Court notes its concern at the Corporation’s handling of Mr Hill’s claims over many years, resulting in repeated corrections of earlier decisions and successful review and appeal proceedings. At the present appeal hea...

10. McLachlan v Accident Compensation Corporation (Personal Injury) [2023] NZACC 52 [pdf, 212 KB]

    ...entitled to cover for his personal injury and consequent entitlements, one of which is weekly compensation. [51] This appeal is therefore allowed, and the review decision of 16 February 2022 is set aside. [52] Mr McLachlan is entitled to costs. If these cannot be agreed within one month, I shall determine the issue following the filing of memoranda. P R Spiller District Court Judge Solicitors for the Respondent: Ford Sumner.