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Safeguard OSH Solutions - Thomson Reuters

Safeguard OSH Solutions - Thomson Reuters



Accident Compensation Cases

Matthews v Accident Compensation Corporation (HC, 15/05/06)

Judgment Text

JUDGMENT OF MILLER J 
Miller J
[1]
This is an application for leave to appeal to the Court of Appeal under s 163 of the Injury Prevention, Rehabilitation, and Compensation Act 2001, which admits of a second appeal to the Court of Appeal on a question of law. 
[2]
The issue concerns the construction of s 80(2)(b) and s 80(3) of the Accident Compensation Act 1982, which provisions deal with compensation for pecuniary loss not related earnings. The issue is whether the corporation is liable to pay an amount to Mrs Matthews that exceeds wages lost by reason of her providing attendant care for her son. 
[3]
Ms Thistoll advised me that the corporation will abide the Court's decision. 
[4]
The appeal turns on the construction of the provisions and accordingly raises a question of law. As to whether it is one of some general public importance, Ms Thistoll submitted that the appeal raises a question of importance as to funding of claimants who need constant oversight and care. There are a number of such cases pending in the District Court. Further, leave to appeal has been given in a similar case that was concerned with the parallel provisions in the 1972 Act. 
[5]
In the circumstances, leave will be granted. 

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