27 Jul 2010
ACCIDENT COMPENSATION CORPORATION V KEARNEY CA CA164/2009
- Citation
- openlaw-da2c1c46_bef9_4f08_be9b_72a3dfe2e884.pdf
- Court
- Court of Appeal
The Court dismissed the appellant's appeal and held that interest on late weekly compensation is governed by s72 of the 1992 Act for 1 July 1992–1 July 1999, by s101 of the 1998 Act for 1 July 1999–1 April 2002, and by s114 of the 2001 Act thereafter; the provisions are materially identical; in this case the Corporation had all information necessary in 1991 and cannot rely on its own wrongful cessation of payments or subsequent failure to collect financial details to avoid interest, so interest runs from 1 July 1992.