New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Good faith payment

Legal area

Court

8 Mar 2001

Facon v Accident Compensation Corporation

Citation

[2001] NZACC 48
Court

District Court

Appellant was put on notice of the overpayment before purchasing the vehicle and the purchase months later did not constitute an alteration of position in reliance on the validity of the payments such that repayment would be inequitable; therefore s.372(2)(b) does not require remission and the reviewer's refusal to remit is upheld.
6 Jun 1997

Conway v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1997] NZACC 115
Court

District Court

The appeal is dismissed because the review officer reasonably found the appellant did not act in good faith and did not sufficiently alter her position in reliance on the overpayments; the appellant failed to discharge the onus under s.77(2) so remission was not warranted.