New Zealand Case Law: Decisions & Judgments

Topic

Deemed decision (s58)

Legal area

Court

8 Aug 2018

Smith v Accident Compensation Corporation (Issue Estoppel)

Citation

[2018] NZACC 128
Court

District Court

The appeals are dismissed because the substantive issue (date from which interest on the 2006 and 2007 arrears should run) has been finally determined by earlier District Court judgments and the High Court's refusal of special leave; issue estoppel/res judicata preclude relitigation and the material relied on is not new or sufficiently credible/reliable to displace those conclusions, therefore there is no jurisdiction to grant the relief sought.
12 Sept 2014

Smith v Accident Compensation Corporation

Citation

[2014] NZACC 215
Court

District Court

The 26 May 2009 letter constituted a decision by the Corporation rejecting the March 2009 neck injury claim as not a new injury (a coverage decision); omission of review rights did not render the letter non‑decisional nor give rise to a deemed decision under s58; no evidence was advanced on the merits to overturn the decision, so the decision is confirmed and the appeal dismissed.
16 Sept 2013

Fraser v Accident Compensation Corporation

Citation

[2013] NZACC 301
Court

District Court

The Court held there was no deemed decision in 2007 because that contact was for treatment not a cover claim; the 29 May 2012 letter declined cover and has not been challenged, and the Court cannot make a primary determination that s58 applies in the absence of a formal ACC decision — therefore the hernia is not covered for inclusion in the independence allowance assessment and the appeal is dismissed.
7 Dec 2012

Vujcich v Accident Compensation Corporation

Citation

[2012] NZACC 401
Court

District Court

No formal claim was lodged that would trigger a deemed decision; medical evidence on balance established that the claimant's right shoulder/neck problems were substantially due to pre-existing degenerative pathology disclosed by the accident rather than caused by it; the VIMA properly considered shoulder limitations and the vocational independence determination of 11 July 2008 was reasonable and supported by evidence; appeal dismissed.

New Zealand Case Law

Smith v Accident Compensation Corporation (Issue Estoppel)

Smith v Accident Compensation Corporation

Fraser v Accident Compensation Corporation

Vujcich v Accident Compensation Corporation