Farquhar v Accident Compensation Corporation

[2012] NZHC 1038

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

CIV-2012-485-381 [2012] NZHC 1038

IN THE MATTER OF     an intended appeal pursuant to s 162 of the

Accident Compensation Act 2001

BETWEEN  BRUCE FARQUHAR Appellant

ANDACCIDENT COMPENSATION CORPORATION

Respondent

Hearing:         16 May 2012

Appearances: A C Beck for the appellant

I G Hunt for the respondent

Judgment:      16 May 2012

JUDGMENT OF CLIFFORD J

[1]      Mr Farquhar is granted special leave to appeal on the question of whether or not, in the circumstances of his case – having regard in particular to any relevant transitional provisions, the Corporation was entitled as a matter of law to require him to undergo an updated Initial Occupational Assessment in the manner that it did in its letter of 27 August 2009, given that Mr Farquhar had previously been the subject of an Initial Occupational Assessment in December 2004.

[2]      As I indicated at this morning’s hearing, leave is reserved if any issues arise for the Corporation or Mr Farquhar from my formulation of the legal question for which special leave is granted. Any such application is to be made by 5.00pm Friday

25 May 2012.

“Clifford J”

FARQUHAR V ACCIDENT COMPENSATION CORPORATION HC WN CIV-2012-485-381 [16 May 2012]

Solicitors:

Gault Mitchell, Wellington for the appellant – [email protected] (Counsel: A Beck –

[email protected])

Young Hunter, Christchurch for the respondent – [email protected].