9 Nov 2005
ACCV KNIGHT HC CHCH CIV-2005-485-1582
- Citation
- openlaw-4e0d506e_ac72_4a9b_90a5_c79171cea4c8.pdf
- Court
- High Court
Section 114 requires interest to run from one month after the Corporation has actually received all information necessary to calculate payment; factual findings showed ACC did not receive necessary post-accident earnings information until the dates it identified in 2001–2002, so the ACC interest decision dated 23 October 2002 was correct and the District Court order to recalculate was unsustainable as a matter of law; the statute does not permit retrospective deeming of receipt when it is later shown there was no post-accident income.