New Zealand Case Law: Decisions & Judgments

Topic

Credibility of claimant

Legal area

Court

8 Aug 2013

Blecourt v Accident Compensation Corporation

Citation

[2013] NZACC 238
Court

District Court

The Court found the appellant's late and inconsistent histories and the consistent earlier specialist reports made it improbable that the 1994 rugby incident caused the L4 fracture; on balance it was more probable the injury occurred in Australia in 1987, which was not covered, so ACC's decision to decline entitlements was reasonable and the Reviewer's refusal of costs was within discretion; appeal dismissed.
10 Jul 2001

McCallum v Accident Compensation Corporation

Citation

[2001] NZACC 175
Court

District Court

The appellant's appeal is dismissed because objective occupational and medical assessments establish he has capacity for a non-physical caregiver/supervisory role under s.51; the WCAP6 job description identified a genuine supervisory caregiver position that does not require lifting or repetitive bending, the medical assessor endorsed fitness for that role, the assessment process complied with natural justice, and the appellant's credibility and evidence of symptom exaggeration justify preferring the respondent's evidence.
17 Jun 1998

Madsen v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1998] NZACC 130
Court

District Court

The court accepted the appellant's sworn evidence and the regular, consistent receipts as sufficient to establish that home help was provided; respondent's failure to raise contemporaneous doubts over a two‑year payment period and inability to prove fraudulent or unjustified payments meant the calculated overpayment should not be recovered, so the review officer's decision was revoked and the overpayment cancelled.
29 Apr 1998

Shannon v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1998] NZACC 82
Court

District Court

The District Court found on the balance of probabilities that the appellant suffered a work-related neck injury on 5 September 1996 because contemporaneous accounts and consistent medical evidence established a causal connection with the workplace incident; credibility concerns arising from non-attendance at the review were insufficient to displace the medical evidence and the Review Officer's rejection was therefore revoked.

New Zealand Case Law

Blecourt v Accident Compensation Corporation

McCallum v Accident Compensation Corporation

Madsen v Accident Rehabilitation and Compensation Insurance Corporation

Shannon v Accident Rehabilitation and Compensation Insurance Corporation