Ministry of Justice

Late filing of an appeal to the District Court s 151 Accident Compensation Act 2001. Delay was due to an inadvertent slip-up by one of the Appellant's legal representatives and was not significant. Whether interests of justice required the exercise of discretion to consider the Appellant's application for leave to file his appeal out of time. Outcome: appeal allowed.

Late filing of an appeal to the District Court – s 151 Accident Compensation Act 2001. Court accepts that the delays arose out of error or inadvertence on the part of the Appellant’s advocate. Whether the interests of justice required the exercise of discretion to sustain her application for leave to file her appeals out of time. Outcome: appeal allowed.

Late filing of an appeal to the District Court s 151 Accident Compensation Act 2001. Delay arose out of an understandable error or inadvertence on the part of the Appellant's previous advocate. Whether interests of justice required the exercise of discretion to consider the Appellant's application for leave to file her appeal out of time. Outcome: appeal allowed.

Late filing of an appeal to the District Court s 151 Accident Compensation Act 2001. Delay was due to an error and was not significant. Whether interests of justice required the exercise of discretion to consider the Appellant's application for leave to file her appeal out of time. Outcome: appeal allowed.

Vocational independence. Whether the Respondent's decision that the Appellant had achieved vocational independence was correct. Outcome: appeal dismissed.

Claim for lump sum payment and appointment of an assessor - s 127(3) and cl 58 of Sch 1 Accident Compensation Act 2001. Respondent's communication with Appellant related to administrative matters. Whether the Respondent's communication with the Appellant, advising him what steps were required for a whole person impairment assessment, constituted a decision that was subject to review. Outcome: appeal dismissed.

Suspension of entitlement s 117 Accident Compensation Act 2001. Whether the Respondent's decision declining cover was correct. Whether the decision to suspect the Appellant's weekly compensation was correct. Outcome: appeal dismissed.

Late filing of an appeal to the District Court s 151 Accident Compensation Act 2001. Delay due to medical difficulties. Whether interests of justice required exercise of the Court's discretion to sustain the Appellant's application for leave to file her appeal out of time. Outcome: appeal granted.

Treatment injury s 32 Accident Compensation Act 2001. Appeal against decision to decline cover for a claimed treatment injury. Whether the treatment surgery caused the Appellant's injury. Outcome: appeal dismissed.

Late filing of an appeal to the District Court - s 151 Accident Compensation Act 2001. No evidence that the appeal date was inadvertently missed or out of error. Whether the interests of justice required the exercise of the Court's discretion to sustain the Appellant's application for leave to file her appeal out of time. Outcome: appeal dismissed.

Personal injury ss 25-26 Accident Compensation Act 2001. Appeal against decision of a Reviewer. Whether the Appellant's personal injury was causally linked to his accident or wholly or substantially by a gradual process or disease. Outcome: appeal allowed.

Treatment injury s 32 Accident Compensation Act 2001. Appeal against Respondent's decision to decline cover for treatment injury. Whether there was a causal nexus between surgery and post-operative paraplegia. Appellant's post-operative paraplegia found to be an ordinary consequence of the surgery. Outcome: appeal dismissed.

Leave to appeal on a question of law. No point of law capable of bona fide and serious argument. Outcome: appeal dismissed.