Rinnai New Zealand Limited v Pickard CA13/06

Rinnai New Zealand Limited has appealed against part of a pre-trial judgment delivered by Ronald Young J in the High Court at Wellington on 16 December 2005. The respondents, Amanda Jane Pickard and Troy Taylor, and the third respondent, Chas Ambrose, are the subjects of the appeal. Rinnai New Zealand Limited argues that the Judge was in error when he found that the respondents' claims for carbon monoxide poisoning at Ms Pickard’s Waikanae residence were outside the applicable Accident Compensation legislation and that their claims were independent of each other. Rinnai New Zealand Limited sought an order reversing these findings and striking out the respondents’ claims for damages for personal injuries.

The respondents, as well as supporting the judgment of Ronald Young J, sought to support the decision on two additional grounds: that the personal injuries they suffered were not caused by an accident as defined in the Accident Compensation legislation, and that Troy Taylor was entitled to treat his claim as having been rejected as the Accident Compensation Corporation (ACC) did not advise him that it had accepted his claim for injuries suffered on 9 August 2001.

The Court found that the Judge was correct in holding that the successful ACC claim lodged on Troy’s behalf did not automatically bar Troy from bringing his civil claim. The Court also found that the Judge was correct to reject, in the context of a strike out application, that any injury suffered by Ms Pickard was identical to the injury suffered by Troy. The analysis required was not amenable to determination in strike out proceedings.

The appeal is dismissed with costs to the first and second respondents jointly of $3,000 together with usual disbursements.