New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Calculation of personal exertion income
  • 29 May 2012

    DAVID THOMAS MILLS V ACCIDENT COMPENSATION CORPORATION HC WN CIV 2011-485-2334

    Citation
    openlaw-62c54045_7990_4189_91de_f9cbe5c3b2d7.pdf
    Court
    High Court

    No question of law arose; the courts below made factual findings that the appellant's reputation and active role generated the business income and that expert evidence did not rebut the tax-return-based attribution to personal exertion; remission was unavailable as there was no evidence of altered position and findings of intentional contribution were open on the facts; accordingly special leave was dismissed.

    • Abatement of weekly compensation
    • Calculation of personal exertion income
    • Overpayment recovery
    • Remission under s251
    • Special leave to appeal