Matthews v Accident Compensation Corporation HC wellington CIV 2004-485-2143

[2006] NZHC 503

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

CIV 2004-485-2143

UNDER  the Injury Prevention, Rehabilitation and

Compensation Act 2001

IN THE MATTER OF     of an application for leave to appeal under section 163

BETWEEN  CATHERINE MARY MATTHEWS BRENT JAMES ROY MATTHEWS Appellants

AND  ACCIDENT COMPENSATION CORPORATION

Respondent

Hearing:         15 May 2006

Appearances: Ms Thistoll for Appellant

No appearance for Respondent

Judgment:      15 May 2006

JUDGMENT OF MILLER J

[1]      This is an application for leave to appeal to the Court of Appeal under s163 of the Injury Prevention, Rehabilitation, and Compensation Act 2001, which admits of a second appeal to the Court of Appeal on a question of law.

[2]      The issue concerns the construction of s80(2)(b) and s80(3) of the Accident Compensation Act 1982, which provisions deal with compensation for pecuniary loss not related earnings.   The issue is whether the corporation is liable to pay an amount  to  Mrs  Matthews  that  exceeds  wages  lost  by  reason  of  her  providing attendant care for her son.

[3]      Ms Thistoll advised me that the corporation will abide the Court’s decision.

CATHERINE MARY MATTHEWS AND ANOR V ACCIDENT COMPENSATION CORPORATION HC WN CIV 2004-485-2143  15 May 2006

[4]      The appeal turns on the construction of the provisions and accordingly raises a question of law.  As to whether it is one of some general public importance, Ms Thistoll submitted that the appeal raises a question of importance as to funding of claimants who need constant oversight and care.  There are a number of such cases pending in the District Court.  Further, leave to appeal has been given in a similar case that was concerned with the parallel provisions in the 1972 Act.

[5]      In the circumstances, leave will be granted.

F Miller J

Solicitors:

J Miller, Wellington for the Appellant

No appearance for the Respondent