4 Dec 1998
Schlaadt v Accident Rehabilitation and Compensation Insurance Corporation
- Citation
- [1998] NZACC 257
- Court
- District Court
Section 15 was intended to prevent double recovery; its wording permits the Corporation to recover amounts it paid in respect of the personal injury even if those payments were made prior to the claimant receiving settlement; subsections 15(3)(a) and (b) are separate powers allowing deduction or recovery and do not preclude recovery of prior payments; accordingly the Corporation is entitled to recover the net claim costs of $128,575.17 from the appellant.