New Zealand Case Law: Decisions & Judgments

Topic

Abatement

Legal area

Court

3 Apr 2023

XU v PLANT ZERO 2006 LTD [2023] NZHC 716

Citation

[2023] NZHC 716
Court

High Court

Tenant was in clear breach of the covenant to pay rent; clause 1.1 precluded set-off or abatement; tenant failed to establish entitlement to relief or demonstrate ability to pay outstanding arrears; accordingly court granted possession, cancelled the lease and dismissed the tenant's application for relief against cancellation, while ordering payment of arrears and interest subject to arbitration conditions.
14 Jun 2018

Anstis v Accident Compensation Corporation (Entitlement to Weekly Compensation)

Citation

[2018] NZACC 91
Court

District Court

The appellant remained 'entitled to receive' weekly compensation from the 1993 spinal injury despite full abatement by subsequent earnings; clause 48 therefore applies and any necessary recalculation of weekly compensation must use the weekly earnings assessed at the time of the original entitlement (1993), so the appeal is dismissed.
8 Feb 2018

Hamilton v Accident Compensation Corporation (Suspension of Entitlements)

Citation

[2018] NZACC 30
Court

District Court

The District Court held ACC was entitled to apply s15(3) to post-incapacity earnings (it need only take tax returns into account and is not bound by them) and, on the facts, the tax returns for 2004–2014 could properly be treated as unreasonably influenced; ACC's allocation of 75% of Olette Ltd's profits to the appellant as reasonable remuneration for services was a justified and reasonable exercise of discretion for abatement purposes. The appeal was dismissed.
13 Mar 2017

MILLENNIUM 1ST GROUP LIMITED v JOHNSON [2017] NZHC 405

Citation

[2017] NZHC 405
Court

High Court

The court held that the deed was intended to fix the parties' settlement debt at $140,000 and, after the agreed $60,000 reduction, $80,000 remained payable by the guarantor; summary judgment was entered for $80,000 against Mr Johnson. The court found the entitlement to interest under the deed ambiguous and declined summary judgment for interest. The court declined summary judgment for the second lease rent, outgoings and interest because there were triable factual disputes over calculation, abatement for repairs, set-offs for lost profits and a counterclaim for refusal to consent to assignmen…
4 Mar 2016

Irwin v Accident Compensation Corporation

Citation

[2016] NZACC 58
Court

District Court

The Court held that clause 31 requires the Corporation to take tax returns into account but does not extinguish the statutory power under s15(3) to determine a reasonable remuneration amount where the subsection (2) amount is not a reasonable representation; given the stark post-accident apportionment and supporting evidence the respondent was entitled to adjust the appellant's earnings to $34,791.79 for abatement, so the appeal was dismissed.
6 May 2015

Robinson v Accident Compensation Corporation

Citation

[2015] NZACC 104
Court

District Court

Because the Official Assignee confirmed the appellant's bankruptcy and the Corporation removed the claimed debt, there was no longer a live abatement or recovery issue; consequently the appeal was dismissed as it was moot.
14 Jun 2013

Cruickshank v Accident Compensation Corporation

Citation

[2013] NZACC 174
Court

District Court

The $1,780 was a refund of reparation monies and not a late payment of weekly compensation; accordingly s114(1) did not apply and no interest was payable; appeal dismissed.
28 May 2013

MOLLOY v CHIEF EXECUTIVE OF THE MINISTRY OF SOCIAL DEVELOPMENT [2013] NZHC 1233

Citation

[2013] NZHC 1233
Court

High Court

Section 64(2B) permits the Chief Executive to attribute income to the period in which it was earned or when entitlement to it arose rather than being bound by the date of payment; the Ministry's administrative practice of offsetting the income year by eight weeks before the review year was not authorized by s 64(2B); accordingly the Authority erred in law and the correct due/paid assessment period for Molloy is 26 July 2010 to 24 July 2011 and the Ministry must recalculate her entitlement accordingly.
22 Dec 2010

Eaton v Accident Compensation Corporation

Citation

[2010] NZACC 239
Court

District Court

On the evidence, including continuous GP certification and specialist reports (Shaw, Noonan, Finucane), the appellant remained incapacitated from 8 September 2002 to 17 June 2004; therefore the prior determination stands and weekly compensation entitlement is governed by Clause 48 of Schedule 1; appeal dismissed.
28 May 2010

Little v Accident Compensation Corporation

Citation

[2010] NZACC 77
Court

District Court

Because the Court determined the appellant remained continuously incapacitated from March 1990, both arrears and ongoing weekly compensation must be calculated by reference to the appellant's pre-incapacity earnings as of January 1990; the subsequent 2003 earnings cannot be used as a new benchmark absent a legally separate period of regained capacity.