Allenby v H

[2011] NZSC 71

IN THE SUPREME COURT OF NEW ZEALAND

SC 70/2011
[2011] NZSC 71

BETWEEN  KEITH ALLENBY
Appellant

AND  H
First Respondent

AND  MIDDLEMORE HOSPITAL OF COUNTIES MANUKAU DISTRICT HEALTH BOARD
Second Respondent

AND  ACCIDENT COMPENSATION CORPORATION
Interested Party

Court:             Tipping, McGrath and William Young JJ

Counsel:         A H Waalkens QC for Appellant
J M Miller for First Respondent
P N White for Second Respondent
B A Corkill QC for Accident Compensation Corporation

Judgment:      30 June 2011

JUDGMENT OF THE COURT

The first and second respondents consent to the granting of leave to appeal to the appellant.  The Accident Compensation Corporation, which is a party entitled to be heard pursuant to s 320 of the Accident Compensation Act 2001, abides the decision of the Court on the leave application. 

A        The case is clearly one in respect of which leave should be granted and we therefore grant leave.  

BThe approved ground of appeal is whether the Court of Appeal was correct in answering the question before it in the negative.[1]

[1]      Allenby v H   [2011] NZCA 251.

Solicitors:
Fisher Lamberg, Auckland for Appellant
John Miller Law, Wellington for First Respondent