27 Aug 2015
Bailey v Accident Compensation Corporation
- Citation
- [2015] NZACC 239
- Court
- District Court
The District Court dismissed leave: on the facts the case fell within Miller scenario 4 because the original medical advice, as assessed, conclusively supported the 2004 cancellation so the Corporation did not have all information necessary to calculate payment until the later Coldham opinion; whether evidence is ambiguous is a factual finding and fault of the insurer does not alter the s114 test; no question of law for the High Court was established.