New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Mootness of reimbursement claim
  • 17 Oct 2011

    Miller v Accident Compensation Corporation

    Citation
    [2011] NZACC 296
    Court
    District Court

    The appeal fails because (1) ACC had no legal obligation to pay or contribute as the surgery incurred no cost to ACC (publicly funded), and (2) the medical evidence made it more probable than not that the June 2010 surgery treated a re‑tear caused by a subsequent incident (duvet twisting) not the covered 18 November 2008 injury, so the treatment was not attributable to the covered injury; accordingly ACC had no liability and the appeal is dismissed.