New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Abatement for earnings

Legal area

Court

10 Aug 2011

Howell v Accident Compensation Corporation

Citation

[2011] NZACC 215
Court

District Court

ACC made full payment of arrears within one month of receiving the necessary information about earnings; information about earnings is 'necessary' under s114 to calculate arrears; the Kearney decision is distinguishable because the cessation here was made lawfully on available assessments (relying on Ramsay) and therefore no entitlement to interest arose.
14 Jul 2005

Accident Compensation Corporation v Knight

Citation

[2005] NZACC 209
Court

District Court

Leave to appeal was granted because the decision raised genuine questions of law suitable for High Court determination: specifically whether the learned Judge correctly addressed WINZ reimbursement, the role and timing of post-incapacity income as necessary information for calculation and adjustment of weekly compensation, the consequences of missing mandatory information, and whether his conclusions were legally open to him.