New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Section 77 arci act 1992

Legal area

Court

15 Mar 1999

Browne v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1999] NZACC 62
Court

District Court

Appellant intentionally contributed to the overpayment by failing to disclose continuation of pre-accident earnings and ignored clear notices; he failed to prove he altered his position to his detriment because partnership bore additional costs and the overpayments preserved/enhanced partnership capital; therefore he is not entitled to remission under s77(2) and the debt must be repaid.
23 May 1997

Murray v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1997] NZACC 103
Court

District Court

The court held that under section 77(1) of the Accident Rehabilitation and Compensation Insurance Act 1992 the outstanding sum acknowledged in the Deed of Debt became a sum to which the appellant was not entitled and therefore recoverable by deduction of $50 per week from his weekly compensation; the appellant did not satisfy the criteria for remission under section 77(2).