The Supreme Court allowed appeals by the Minister for Health and Children and the Hepatitis C Compensation Tribunal, ruling that a claimant could not appeal a Hepatitis C compensation award after the statutory period had expired. It also held that accepting the award barred a later appeal and that the Tribunal had standing to appear in the proceedings.
The judgment, delivered by Denham J. on 26 March 2003, concerned D.B., whose claim was heard by the statutory Tribunal on 4 November 1997. He accepted the compensation award in writing on 24 November 1997. He brought a High Court appeal by notice of motion dated 22 April 1999.
The High Court had ruled that the legislation did not impose a one-month statutory limit on an appeal, that accepting an award did not prevent an appeal, and that the Tribunal lacked standing. It also found that it could extend the time for the appeal and exercised that discretion in the claimant’s favour.
The Supreme Court considered the statutory scheme that required a claimant, within one month of receiving notice of an award or a longer period prescribed by regulations, to accept or reject the award or appeal it. The judgment said the claimant received notice on 6 November 1997. Regulations later extended the appeal period to 23 November 1998, but the claimant’s appeal was brought after that date.
Denham J. said the statutory choices were alternatives and had to be made within the prescribed period. The claimant had accepted the award within the initial month, and had not appealed within the later extended period. The court answered yes to the question of whether a claimant was barred from appealing after the statutory period. It also answered yes to whether acceptance barred a later appeal, while noting that this second question did not require a decision after its answer to the first.
On the Tribunal’s standing, Denham J. concluded that service of the appeal papers made it a party under the court rules. The judgment said the Tribunal could have significant submissions in cases concerning its functioning or administration. The court answered yes to the standing question and allowed the appeal.