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Accident Compensation Cases

Stephens v Accident Compensation Corporation (DC, 13/09/12)

Judgment Text

JUDGMENT OF JUDGE RODERICK JOYCE QC 
Roderick Joyce QC Judge
[1]
Messrs Dixon-McIver (advocate for Mr Stephens) and Cahn (counsel for the respondent) have lodged a joint memorandum inviting the Court to allow this appeal and, in doing so, to direct that the substantive issues be now considered and determined by a reviewer. 
[2]
As explained to the Court the circumstances are that: 
On 10 May 2010 ACC declined a request by Mr Stephens for backdated weekly compensation. 
He sought a review of that declinature but was late in so applying thus that application was also declined. 
He then sought a review of that declinature which on 16 December 2010 was dismissed on the basis that the reasons given for lateness were not extenuating circumstances. 
He then appealed that review decision, putting in issue the refusal to recognise extenuating circumstances. 
[3]
The parties have since agreed that this appeal be “settled” in terms that the late application for a review of the original 10 May 2010 determination should go to review. 
[4]
On one side of this case is a responsible lay advocate and on the other responsible counsel and the Court has no reason to consider that their request in any way inappropriate or unwarranted. 
[5]
The appeal is therefore allowed in the terms sought and with that allowance comes the Court's direction that the merits of the Corporation's 10 May 2010 decision be now the subject of a review. 

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