New Zealand Case Law: Decisions & Judgments

Topic

Backdating

Legal area

Court

20 Sept 2018

ADVANCED CREATIVE TECHNOLOGIES LTD v D4 CASH INVESTORS LTD [2018] NZCA 379 [20 September 2018]

Citation

[2018] NZCA 379
Court

Court of Appeal

The loan agreement was deliberately backdated to 17 August 2005 and, interpreted with the parties' evident intention and conduct, was intended to and did cover the monies paid out by D4 Compression from the initial $290,000 transfer; the agreement provided sufficient consideration (investor incentive, regularisation of prior disbursements and IP protection) and was therefore enforceable; appeal dismissed.
25 Nov 2013

Estate of Hapuku v Accident Compensation Corporation

Citation

[2013] NZACC 391
Court

District Court

Where precise income details are unavailable ACC may estimate earnings under Clause 50; Clause 41 does not apply to post-incapacity years; business losses cannot be used to reduce abatable earnings; accordingly ACC's calculation and payment of $75,736.31 in arrears was correct and the Estate is not entitled to further sums; appeal dismissed.
1 Mar 2013

Kingi v Accident Compensation Corporation

Citation

[2013] NZACC 44
Court

District Court

The appeal is dismissed because there is no contemporaneous or reliable medical evidence establishing that the appellant was incapacitated from his employment as a Teacher's Aide as of 16 December 2009; therefore the respondent correctly declined weekly compensation.
3 Apr 2012

Featonby v Accident Compensation Corporation

Citation

[2012] NZACC 117
Court

District Court

The appeal is dismissed because the claimant failed to establish on the balance of probabilities a continuous incapacity from c.1990 causally linked to the 22 December 1989 accident: contemporaneous medical and employment records are sparse or inconsistent, specialist reports concluded the evidence does not support attributing the chronic condition to the 1989 accident over the entire period, and the long delay undermines the reliability of retrospective assertions.
3 Apr 2012

Lee v Accident Compensation Corporation

Citation

[2012] NZACC 116
Court

District Court

Judge preferred the psychiatric opinions (Dr Collier and consistent Dr Darby), found appellant carried out stunt work when available from December 1999 to October 2003, concluded substance abuse was not established as injury‑related for material times and therefore appellant was not 'incapacitated' as defined by the Act for the claimed backdated period; incapacity arose from the October 2003 knee injury (and a non‑injury related sickness period April–Dec 2002).
15 May 2009

Hollis v Accident Compensation Corporation

Citation

[2009] NZACC 82
Court

District Court

The court held the initial independence allowance assessment for physical injuries was completed and adopted by ACC in 2004; the later mental injury assessment (2007/2008) constituted a reassessment under clause 61 prompted by a medical certificate and therefore did not qualify as a 'first assessment' for backdating under s377(3)(c); consequently payment from a reassessment takes effect from the next quarterly payment per clause 62. The earlier consent review decision was moot because its purpose was achieved by the subsequent primary decision.
9 Oct 2003

Newman v Accident Compensation Corporation

Citation

[2003] NZACC 244
Court

District Court

On the balance of probabilities the appellant remained incapacitated by his covered wrist injury from 16 May 1997; later medical evidence (arthroscopy and specialist opinions) demonstrated physical pathology present since the relevant period and overturned the GP's assessment, therefore the respondent's decision to cease weekly compensation from 16 May 1997 was incorrect and must be set aside with entitlement reinstated from that date until at least recovery following wrist surgery.
10 Sept 2003

B v Accident Compensation Corporation

Citation

[2003] NZACC 224
Court

District Court

The appeal was dismissed because the factual record (employment, IRD income and receipt of compensation for other injuries) established the appellant worked during the claimed period and there was no evidence the sensitive injury caused incapacity; the medical certificate was inconsistent and thus unreliable, so ACC correctly declined the claim.
19 Jun 2003

Davies v Accident Compensation Corporation

Citation

[2003] NZACC 130
Court

District Court

Because the appellant suffered the injury before 1 July 1999 and had not applied for an independence allowance by that date, the transitional provisions required application of the pre-1999 regime; therefore s.54(7) of the 1992 Act governs the date of payment and the allowance is payable from the date the original claim for cover was lodged (30 November 1994).
3 Mar 1999

McClutchie v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1999] NZACC 46
Court

District Court

The valid operative application was the July 1997 application; entitlement under s148(3) required a medical certificate verifying increased impairment and, because the claim constituted a reassessment, payment is effective from the date of the reassessment/assessment and hence from the commencement of the quarterly payment cycle — accepted here as 12 December 1997.