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Accident Compensation Cases

Whiting v Accident Compensation Corporation (DC, 28/02/11)

Judgment Text

Judge P F Barber
The Issue 
In my substantive decision herein of 17 January 2011 I recorded that because the appellant succeeded to a fairly minor degree, he would be entitled to an award of costs to some extent. I reserved leave to apply for costs on the basis that submissions be filed within 28 days of the decision and they have now come to hand appropriately. 
For present purposes, in my said decision I found it to be prudent and necessary for ACC to fund an alarm (a lifelink alarm) for the appellant. 
The appellant seeks costs for travel and incidental $389.40, typing $532.50, a medical specialist's report $618.75, secure post $38; and provided a breakdown schedule of such costs. 
The appellant does not seek costs for his time spent on the case nor for incidental post, fax, telephone and photocopy expenses in relation to the overall case. He points out that had he only pursued the lifelink alarm appeal issue, then the costs for travel and medical specialist report would still have been incurred. 
He explained, inter alia, that a myocardial perfusion scan report from a test of June 2010 was so technical that he had the physician prepare a supplementary explanation document. I agree that was helpful and will be helpful to ACC with regard to the appellant's ongoing rehabilitation. 
The appellant also puts it that, although he was unsuccessful in respect of his claim for business overheads, there were issues of public importance dealt with which will be of future use to ACC, so that (he submits) his modest direct costs on that issue should be allowed also. 
The appellant also referred to efforts he made to settle the issues with ACC out of Court. 
In helpful submissions, Mr Evans accepted the information from the appellant about invoicing and receipts for typing services. He advised that ACC agrees to pay half of them i.e. the sum of $266.25, on top of the other costs which the appellant has claimed for travel, the specialist's report, and the secure post. 
Accordingly, I order that the following costs are to be paid to the appellant by ACC namely: 
$ 389.40 
$ 266.25 
Medical Specialist's report 
$ 618.75 
Secure post 
$ 38.00 
I order accordingly. In effect, this is a consent order about costs. In case I have misunderstood the written submissions on costs, I reserve leave to apply for 21 days. 

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