7 Aug 1997
Sanford (South Island) Limited v Accident Rehabilitation and Compensation Insurance Corporation
- Citation
- (1997) 1 BACR 447
- Court
- District Court
The plain words of s104 and the Experience Rating Regulations permit inclusion of historical qualifying claims (including claims under the 1982 Act) in calculating premium loading and to attribute those claims to an employer who acquired the activity as a going concern even if the transfer occurred before commencement; this limited retrospective effect is authorised by the Act; no basis existed on the evidence to set aside the Corporation's attribution for failure to exercise discretion appropriately, so the appeal is dismissed.