Shann v Accident Compensation Corporation HC Wellington CIV-2011-485-1414

[2011] NZHC 1332

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

CIV-2011-485-1414

BETWEEN  PAUL SHANN Applicant

ANDACCIDENT COMPENSATION CORPORATION

Respondent

Judgment:      27 July 2011

JUDGMENT OF DOBSON J

(Application to review Registrar’s decision)

[1]      I have dealt with this matter, having considered all the papers presented in the relevant file.  It comprises an application by Mr Shann to review a decision of the Registrar of this Court made on 1 July 2011.   That decision was to reject papers Mr Shann had attempted to file, seeking special leave from this Court to further appeal a District Court decision on appeal from two Accident Compensation Review decisions (originally labelled AI 447/08 and AI 448/08).

[2]      The  decision  sought  to  be  appealed  was  that  of  His  Honour  Judge D A Ongley given on 8 April 2009 in the District Court at Wellington.   Both of Mr Shann’s appeals had been dismissed.

[3]      On Mr Shann’s application for leave to appeal, Judge M J Beattie considered the terms of both decisions recorded in the single reserved judgment, and on a reasoned basis declined to grant leave to appeal the decisions on both issues.

[4]      Section 162 of the Accident Compensation Act 2001 provides as follows:

SHANN v ACCIDENT COMPENSATION CORPORATION HC WN CIV-2011-485-1414 27 July 2011

162      Appeal to High Court on question of law

(1)       A party  to  an  appeal  who  is  dissatisfied  with  the  decision  of  a District Court as being wrong in law may, with the leave of the District Court, appeal to the High Court.

(2)       The leave of the District Court must be sought within 21 days after the District Court's decision.

(3)       If the District Court refuses to grant leave, the High Court may grant special leave to appeal.

(4)       The special leave of the High Court must be sought within 21 days after the District Court refused leave.

(5)       The High Court Rules and sections 74 to 78 of the District Courts Act 1947, with all necessary modifications, apply to an appeal under this section as if it were an appeal under section 72 of that Act.

[5]      The documents comprising Mr Shann’s application to this Court for special leave have been endorsed by the Registry with 28 June 2011 as the date of receipt. Following that, a Registry officer conveyed by letter to Mr Shann dated 1 July 2011:

Pursuant   to   s 162(2)   of   the  Accident   Compensation  Act   2001,   this application should have been sought within 21 days after the District Court refused leave. This Court has no discretion to extend the time.

[6]      Although the correct subsection ought to have been s 162(4), rather than s 162(2), the Registrar’s decision was nonetheless inarguably correct.  The section means what it says, and a consistent line of cases considering the point has rejected the prospect of any discretion to extend time.  Considerations against there being any discretion to extend time include relatively how clear the intent of the legislature is from the wording of the section, and that the step sought to be taken is a second appeal after a review of a Corporation decision, in circumstances where there must

be certainty and finality in litigation.[1]

[1] See, for example, Zhang v Accident Compensation Corporation HC Auckland CIV-2005-404-

007101,  27  October  2006  at  [10];  Reden-Oldfield  v  Accident  Compensation  Corporation HC Whangarei CIV-2005-485-185, 8 December 2005 at [5], [7] and [8] and Siola’a v Wellington District Court [2008] NZCA 483 at [20].

[7]      The decisions of Judge Ongley on first appeal  certainly suggest that the gravamen of Mr Shann’s complaints were thoroughly aired on the initial review, and

then on the appeal before him.  In the absence of any discretion to extend time, the

nature of any explanations Mr Shann may have for not complying with the time limit cannot be relevant.

[8]      Accordingly, the application to review the Registrar’s decision is dismissed.

Dobson J

Solicitors:

M J Mercier, Legal Services, Accident Compensation Corporation, PO Box 242, Wellington

Copy to:

Paul Shann, c/- Puketapu Post, Puketapu, Napier