Christopher Joseph O'Neill v Accident Compensation Corporation

[2012] NZSC 53

IN THE SUPREME COURT OF NEW ZEALAND

[2012] NZSC 53

BETWEEN  CHRISTOPHER JOSEPH O'NEILL
Applicant

AND  ACCIDENT COMPENSATION CORPORATION
Respondent

Judgment:      5 July 2012

JUDGMENT OF McGRATH J

The decision of the Registrar refusing to accept the application for
leave to appeal is confirmed.

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REASONS

1. On 21 June 2012 the Registrar received an application from Mr O’Neill for leave to appeal against a judgment of the Court of Appeal, delivered on 31 May 2012, in a matter in which he was respondent and the Accident Compensation Corporation appellant.[1]  The Corporation had brought the appeal on questions of law with leave given by a High Court Judge under s 163 of the Accident Compensation Act 2001.[2]  It was successful in the Court of Appeal.

   [1]      Accident Compensation Corporation v O’Neill [2012] NZCA 219.

   [2]O’Neill v Accident Compensation Corporation (No 4) Auckland CIV-2008-404-8482, 1 April 2011.

2. The Registrar wrote to Mr O’Neill on 21 June drawing his attention to and setting out s 7 of the Supreme Court Act 2003 and s 163(4) of the Accident Compensation Act 2001 and saying that their effect was that he had no right to bring an appeal in the Supreme Court.

3. Mr O’Neill applied for a review of the Registrar’s decision by a Judge, which he was entitled to do under s 28(2) of the Supreme Court Act.  His submissions do not, however, address the statutory provisions identified by the Registrar.  I am satisfied that they apply to his case and that the effect is to bar the further appeal Mr O’Neill seeks to bring.  Accordingly, I confirm the Registrar’s decision to reject his application.