ACCforum: Eason V Acc 202 97 Dca 186 97 - ACCforum

IN THE DISTRICT COURT HELD AT AUCKLAND

Decision No. 202/97

IN THE MATTER of the Accident Rehabilitation
and Compensation Insurance Act 1992
AND

IN THE MATTER
of an appeal pursuant to section 91 of the Act

BETWEEN

RICHARD WILLIAM EASON
of Wanganui
(Reference DCA 186/97)
Appellant

AND
ACCIDENT REHABILITATION AND COMPENSATION INSURANCE CORPORATION
Respondent

DECISION OF JUDGE M J BEATTIE
This appeal is presently set down for hearing in the Wanganui District Court on the 10th of October 1997. As a preliminary matter counsel for the parties have sought a ruling as to whether the Court has jurisdiction to hear and determine that appeal. I have used the term "jurisdiction" in its widest sense as counsel for the respondent contends that the issue sought to be determined by this appeal is both res judicata and its continuance is an abuse of process.