New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Burden of proof on claimant

Legal area

Court

4 Jun 2009

Tranter v Accident Compensation Corporation

Citation

[2009] NZACC 99
Court

District Court

The Corporation was correct to take the company's tax return and accounts into account under clause 31 and Schedule 1 clause 15; the appellant failed to provide sufficiently cogent evidence to rebut the tax return's characterisation of the payment as salary derived from personal exertion, so the amount was properly treated as earnings for abatement and the appeal fails.
18 Apr 1996

Waddilove v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1996] NZACC 26
Court

District Court

Where the scheduled public transport timetable did not provide services at times that the claimant could reasonably have used for the emergency visits and the clinic appointments (which were available only on specific mornings), there was no 'available' scheduled public transport under Regulation 6(1) and the claimant was entitled to payment at the kilometre rate for each trip.