13 Nov 2003
Philippi v Accident Compensation Corporation
- Citation
- [2003] NZACC 284
- Court
- District Court
Section 368(5) creates an irrebuttable presumption as to the time of delivery but only a rebuttable presumption as to the fact of delivery; on accepted evidence the appellant did not receive the decision until about 23 October 2002, so her review application of 5 November 2002 was within the three month period under s136 and she retains a substantive right of review, requiring the respondent to convene a review hearing on the entitlement to dental costs.