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Accident Compensation Cases

McKinney v Accident Compensation Corporation (DC, 10/07/06)

Judgment Text

Judge J. Cadenhead
This appeal was set down for a Directions Conference, and inter alia an application by the appellant to call oral evidence upon the appeal, namely, the evidence of: 
Dr Bryant 
Mr A McAuslan, orthopaedic specialist 
Affidavit of David Jamieson 
After hearing the parties on this matter, it became obvious that a credibility/reliability finding was required upon review. The appellant while desiring to call the fresh evidence was disputing the right of the respondent to cross-examine the deponents of the affidavits that were sought to be placed before the appeal hearing. 
The parties, after some discussion, agreed that as it was necessary that credibility/reliability findings were made, that the review decision should be quashed and the matter remitted for a review officer to reconsider the matter afresh, to hear the evidence, and to make credibility/reliability findings on the factual issues concerning this appeal. 
Both parties agreed that this would be the sensible course to take, and that the review hearing should be before another reviewer. 
The appellant, in particular, desired that a further review hearing take place as early as possible. 
After hearing the parties, and in particular having regard to their consents I quash the review decision. I direct that another review hearing take place before another reviewer, and as early as possible. The reviewer should set aside a reasonable amount of time within which to hear the evidence to be called and cross-examination of the witnesses. The reviewer should ascertain from both parties the amount of time required, which might be considerable. A review date should be set as early as conveniently possible. 
The review decision is accordingly set aside, because it factually does not address credibility/reliability issues, which are at the heart of this appeal. 

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