Accident Compensation Corporation v Sherborne

[2021] NZHC 1074

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE

CIV 2021-485-221

[2021] NZHC 1074

IN THE MATTER OF

The Accident Compensation Act 2001

AND

IN THE MATTER OF

An application under Section 162 of the Act to appeal to the High Court on a question of law

BETWEEN

ACCIDENT COMPENSATION CORPORATION

Appellant

AND

CHRISTINE JAN SHERBORNE

Respondent

Hearing:

On the papers

Appearances:

I G Hunt for the Appellant

D Lormans for the Respondent

Judgment:

13 May 2021

JUDGMENT OF CAMPBELL J

This judgment was delivered by me on 13 May 2021 at 3:45 pm pursuant to Rule 11.5 of the High Court Rules

Registrar/Deputy Registrar

ACCIDENT COMPENSATION CORPORATION v SHERBORNE [2021] NZHC 1074 [13 May 2021]

[1]                 In this proceeding the Accident Compensation Corporation appeals a decision of Judge J H Walker dated 11 November 2020.

[2]                 The Corporation was granted leave to bring this appeal in a judgment of Judge D Henare dated 15 April 2021. That grant of leave was by consent, the parties having agreed that Judge Walker had erred in her decision.

[3]                 In this Court the parties remain in agreement that Judge Walker erred. The Corporation’s notice of appeal was accompanied by a joint memorandum of the parties dated 23 April 2021. In that memorandum the parties sought orders that the appeal be allowed by consent and that a direction be made that a differently constituted District Court rehear the proceeding. The parties have filed a further memorandum dated 10 May 2021. This confirms the parties’ position that the appeal should be allowed by consent, records the parties’ agreement that the appeal was filed in the proper Registry, and notes that the District Court has provisionally (in anticipation of this appeal being dealt with) scheduled a rehearing in the District Court on 26 May 2021.

[4]                 The notice of appeal and the parties’ memoranda were referred to me this morning. By consent, I allow the appeal. I direct that the proceeding below be reheard by a differently constituted District Court.

Campbell J