30 May 2008
Smith v Accident Compensation Corporation
- Citation
- [2008] NZACC 114
- Court
- District Court
Interest under s114 IPRCA 2001 runs from one month after the date the Corporation received all information necessary to calculate and make the payment; where ACC had retained or received a medical certificate evidencing incapacity (Dr Patterson's 10 Nov 2004 certificate provided 23 Dec 2004), and due to ACC's failure to retain earlier files an evidential burden shifted to ACC which it could not discharge, interest was payable from 27 December 2004 (one month after 23 December 2004).