15 Dec 2015
MARSH v ACCIDENT COMPENSATION CORPORATION [2015] NZHC 3208
- Citation
- [2015] NZHC 3208
- Court
- High Court
The application for special leave was dismissed because the key legal question was resolved by fact and statutory interpretation: applicant did not have an 'accident insurance contract' under the 1998 Act so the 2001 Act applies and s66 1998 cannot give rise to a deemed decision; the Walker reviewer decision was not binding or decisive and could not estop the Court; the vocational independence issues were factual and supported by evidence; therefore no point of law capable of bona fide and serious argument was shown and special leave was not warranted.