ACCforum: Ramsay V Wdc And Acc Ca47 04 - ACCforum

· Judgment Date: 04/08/2005 Decision of: THE COURT

IN THE COURT OF APPEAL OF NEW ZEALAND CA47/04

BETWEEN
PETER ANNAN RAMSAY
Appellant

AND
WELLINGTON DISTRICT COURT
First Respondent
AND
ACCIDENT COMPENSATION CORPORATION
Second Respondent

Coram: Anderson P, McGrath J, Glazebrook J
Hearing: 7 October 2004
Counsel:
A C Beck for Appellant
G Stanish for First Respondent
A D Barnett for Second Respondent

Judgment date: 4 August 2005

JUDGMENT OF THE COURT
The appeal is dismissed. There will be no order for costs.
REASONS
(Given by McGrath J)

Introduction
[1] The appellant was receiving weekly compensation from the second respondent Corporation, following an accident in 1989, in which he suffered personal injury. In 2000 the Corporation, following occupational and medical assessments of the appellant, determined that he had the capacity to work and told him that compensation payments would cease. He sought a review of that decision, unsuccessfully, and next appealed to the District Court, which dismissed his appeal. The appellant then sought leave from the High Court to appeal to that Court on questions of law and, when that application was dismissed, brought an application for judicial review of the District Court’s decision. On the application of the Corporation the appellant’s application for judicial review was struck out by the High Court: Ramsay v Wellington District Court and Accident Compensation Corporation CIV-2003-485-1568 9 March 2004 Goddard J. He now appeals to this Court against that judgment.