New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Backdated interest

Legal area

Court

20 Dec 2017

SMITH v ACCIDENT COMPENSATION CORPORATION [2017] NZHC 3239

Citation

[2017] NZHC 3239
Court

High Court

The Court applied the principle that costs follow the event, held the application was interlocutory so scale costs must be assessed on that basis, found the applicant's material did not raise a question of law or reliable fresh evidence and there were no very special circumstances, and awarded the respondent costs of $2,500 as a reasonable contribution instead of full scale costs.
10 Aug 2012

Hollis v Accident Compensation Corporation

Citation

[2012] NZACC 268
Court

District Court

The appeal is dismissed because the interest issue had been finally litigated and decided previously; all elements of res judicata (final decision on the merits by competent tribunal, same parties, and determination of the question) are present, the appellant exhausted avenues of appeal and time for further challenge has passed, and the later authorities relied upon do not negate the bar of res judicata in these circumstances.