23 Nov 2012
Faalele v Accident Compensation Corporation
- Citation
- [2012] NZACC 380
- Court
- District Court
The payment of compound interest was an overpayment under s248 because the correct legal position (as clarified by the Court of Appeal) entitled the claimant only to simple interest; although the payment resulted from an error of law, the claimant failed to prove he received it in such good faith and altered his position in reliance to make repayment inequitable under s251, therefore the Corporation may recover $51,332.95 and the appeal is dismissed.