Court of Appeal Wellington
19 June; 19 December 1979
Woodhouse, Cooke and Richardson JJ
19 June; 19 December 1979
Woodhouse, Cooke and Richardson JJ
Courts — Jurisdiction — Plaintiff commenced an action for damages arising out of the defendant's alleged negligence in relation to an unsuccessful operation — Defendant sought a stay of proceedings, claiming that the Accident Compensation Commission must first determine whether the plaintiff was entitled to cover under s 5(5) of the Accident Compensation Act 1972 — Whether the Commission has exclusive jurisdiction to decide when a person has suffered personal injury by accident in New Zealand.
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