Allianz New Zealand Limited v Accident Compensation Corporation

Allianz New Zealand Limited v Accident Compensation Corporation

A deemed decision to grant cover under s66 cannot be set aside merely because the supporting evidence was weak or would have led to a different outcome on investigation; only clear, conclusive evidence establishing that a necessary condition precedent was absent (such that the grant would be ultra vires) justifies overturning a deemed decision. On the facts there was insufficient clear evidence that cover was barred, so the insurer's revocation was invalid and the appeal is dismissed.

Citation
[2008] NZACC 190
Parties
Appellant (insurer): Allianz New Zealand Limited; Respondent (claimant): Lisa Perring
Court
District Court
Jurisdiction
New Zealand
Judgment Date
20 August 2008
Procedural Posture
Appeal Under Section 149 of the Injury Prevention, Rehabilitation and Compensation Act 2001 (review of Insurer Decision Under Accident Insurance Act 1998) / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Deemed Decision, Ultra Vires, Revocation of Administrative Decision, Cover for Personal Injury, Gradual Process Injury, Review/remedies
Administrative Law Accident Compensation/insurance Law Statutory Interpretation Deemed Decision Ultra Vires Revocation of Administrative Decision Cover for Personal Injury Gradual Process Injury +1 more

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Parties

Allianz New Zealand Limited

Appellant (insurer)

Lisa Perring

Respondent (claimant)

Procedural Posture

Appeal Under Section 149 of the Injury Prevention, Rehabilitation and Compensation Act 2001 (review of Insurer Decision Under Accident Insurance Act 1998) / Appeal Judgment

Legal Issues

  1. 1 Whether a deemed decision pursuant to s66 (deeming provision) can be revoked by the insurer under s73 as a decision made in error
  2. 2 Whether a deemed decision that grants cover can be set aside as ultra vires where supporting evidence is weak or absent
  3. 3 Standard required to establish that a deemed decision is ultra vires (clear evidence of absence of condition precedent)

Ratio Decidendi

A deemed decision to grant cover under s66 cannot be set aside merely because the supporting evidence was weak or would have led to a different outcome on investigation; only clear, conclusive evidence establishing that a necessary condition precedent was absent (such that the grant would be ultra vires) justifies overturning a deemed decision. On the facts there was insufficient clear evidence that cover was barred, so the insurer's revocation was invalid and the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Respondent awarded costs of $2,000 and reasonable disbursements