New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Claim form sufficiency

Legal area

Court

27 Sept 2004

Hunt v Accident Compensation Corporation

Citation

[2004] NZACC 308
Court

District Court

The 3 July 2002 form was so ambiguous and on its face a duplicate of an earlier claim that ACC was not obliged to make a decision or produce a deemed decision; on the merits the appellant failed to prove on the balance of probabilities that there was an identifiable physical injury caused by a work-related gradual process under s30 because medical opinion was divided and no persuasive evidence established the required employment-specific causation, so the appeal is dismissed.
6 Mar 1996

AB v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1996] NZACC 4
Court

District Court

The original claim form could not reasonably be read to constitute two separate claims; the respondent did not have actionable knowledge of the 1974 abuse at the time of the original filing; and the Act contains no discretion to accept late lump sum claims under the repealed provisions, therefore the appeal must be dismissed.