New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Section 73 arci act 1992

Legal area

Court

24 Mar 2014

THOMAS v ACCIDENT COMPENSATION CORPORATION CA670/2013 [2014] NZCA 89

Citation

[2014] NZCA 89
Court

Court of Appeal

The application for special leave was dismissed because the proposed appeal raised no seriously arguable question of law or issue of sufficient importance; the High Court correctly answered the legal questions within its limited jurisdiction; the District Court properly reheard the matter and admitted new evidence; s 73 must be applied in light of ss 37 and 37A and the District Court's factual finding that the claimant was not incapacitated is determinative.
23 Jun 2009

YOUMNA KHAN V THE ACCIDENT COMPENSATION CORPORATION CA CA155/2009

Citation

openlaw-6deb2678_ad3c_4ad7_b5ce_9c5e88a8c29c.pdf
Court

Court of Appeal

The Court of Appeal lacks jurisdiction to hear an appeal against the High Court's refusal to grant special leave under s 98 of the 1992 Act; alternatively, the proposed grounds raise no question of law and the application would fail on the merits.
29 Nov 1996

Anderson v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1996] NZACC 145
Court

District Court

Respondent failed to discharge the onus of proving on the balance of probabilities that the appellant unreasonably refused or failed to comply with his Individual Rehabilitation Programme; in the absence of substantial objective evidence of non-compliance the decision to cease weekly compensation under s73 could not stand and the appeal must be allowed.