New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Schedule 1 clause 41

Legal area

Court

12 Dec 2019

LYTHGOE v ACCIDENT COMPENSATION CORPORATION [2019] NZHC 3230

Citation

[2019] NZHC 3230
Court

High Court

The appeal was allowed by consent because the parties agreed that clause 41 did not apply and clause 36 did, enabling the Court to set aside the underpinning review decision under s133(3) of the Accident Compensation Act 2001 and remit the matter to the Corporation for a new reviewable decision on weekly compensation.
25 Nov 2013

Estate of Hapuku v Accident Compensation Corporation

Citation

[2013] NZACC 391
Court

District Court

Where precise income details are unavailable ACC may estimate earnings under Clause 50; Clause 41 does not apply to post-incapacity years; business losses cannot be used to reduce abatable earnings; accordingly ACC's calculation and payment of $75,736.31 in arrears was correct and the Estate is not entitled to further sums; appeal dismissed.