12 Sept 2006
Brodrick v Accident Compensation Corporation
- Citation
- [2006] NZACC 214
- Court
- District Court
The court held that the two limbs of s37 are mutually exclusive; therefore the Corporation could cancel weekly compensation under s73(1) based on a finding the claimant was no longer incapacitated under s37 without first determining capacity under ss49/51, and the question of law asserted was not a serious or arguable point, so leave to appeal was refused.