29 Mar 2004
KATHERINE CAMPBELL AND DANIEL HANDLEY V ACCIDENT COMPENSATION CORPORATION CA CA138/03
- Citation
- openlaw-1a48ea22_9cdc_4c41_bbbd_df7a2e2726e2.pdf
- Court
- Court of Appeal
Reading s149 in the context of s135(3) and the 1992 Act as first enacted, persons who immediately before 1 July 1992 were 'entitled to receive' compensation under s80(3) of the 1982 Act include potential claimants whose ability to receive payment depended on principled exercises of unexercised discretions; accordingly the appellants fell within s149 and their s80(3) claims are preserved and must be reconsidered by the Corporation (with retrospective effect restored by the 1995 amendment to s63 to the extent identified).