31 Jan 2018
The District Court lacks jurisdiction to grant the declaratory and ultra vires relief sought against the Regulations; the appellant received the maximum contribution available under the Regulations and the calculation was not challenged, therefore the appeal must be dismissed under the confines of s161 of the Accident Compensation Act 2001.
28 Jul 2015
The District Court held the Corporation properly exercised its statutory reassessment power under s84(3); s65 revision did not apply; the percentage figure above the statutory threshold is relevant to entitlement and compensation rather than to the existence of cover; accordingly no question of law arises to justify leave to appeal to the High Court.
20 Dec 2013
The appeal was allowed in part: the Court accepted the revised ENT calculation attributing 24.9% occupational NIHL and modified the review decision accordingly, but held ACC's statutory funding obligation remains limited to the amount prescribed by the applicable regulations and no further retrospective costs were awarded.
26 Sept 2013
At the time the 2010 Regulations commenced and came into force there was no vested entitlement in Mr Davis that prevented the application of those Regulations to his pending review; therefore the 2010 Regulations govern his hearing aid entitlement and his work-related hearing loss is assessed at 10.9%.