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Accident Compensation Cases

Cambie v Accident Compensation Corporation (ACAA, 27/02/13)

Judgment Text

Robyn Bedford Member
On 25th day of May 2012, the Authority issued an interim decision [2012] NZACA 7. This contained an error as it incorrectly included a final decision on the merits of the substantive appeal, when the only matter properly before the Authority was the preliminary application for leave to appeal out of time against a review decision, which was delivered in 1993. 
Mr Barnett brought this to the Authority's attention by way of an application for recall and in the alternative, an application for leave to appeal against the substantive decision to the High Court, made on 7 June 2012. 
Ms Dhao filed a notice of opposition on 8 June 2012, but on the invitation of the Authority, the opposition was withdrawn on 13 June 2012 and it was agreed by the parties that with the leave of the Authority, the interim decision would be amended by the Authority deleting paragraph [95] of the interim decision. 
There is a second correction that should be made to reflect the agreement of the parties concerning the matters properly before the Authority, being that the orders made regarding costs no longer apply as the parties have agreed that costs on the interim matter should be reserved and dealt with at the same time as the substantive appeal is determined. 
The Authority considers that orders made at paragraphs [96] to [98] of the interim decision have been rendered superfluous and are sufficiently procedural in nature to enable the Authority to amend the decision by deleting these paragraphs also. 
Accordingly, the interim decision dated 25 May 2012 is recalled and amended by way of deleting paragraphs [95], [96], [97] and [98], and substituting a new paragraph [95] to read that costs are reserved pending the determination of the substantive appeal. 
The recalled amended interim decision is attached. 

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