New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Acceptance of late review applications
  • 6 Mar 2012

    McGurk v Accident Compensation Corporation

    Citation
    [2012] NZACC 66
    Court
    District Court

    On the balance of probabilities the judge found the appellant's traumatic brain injury and its consequential cognitive impairment, fatigue and medication effects constituted extenuating circumstances within s.135(3) that impaired her ability to meet the three‑month review deadline; ACC's reminders were ineffective given her incapacity, and leave to file the review out of time was granted.

    • Extenuating circumstances
    • Time limits for review applications
    • Section 135(3)
    • Acceptance of late review applications