3 Feb 2000
Marsh v Accident Rehabilitation and Compensation Insurance Corporation
- Citation
- [2000] NZACC 16
- Court
- District Court
Applying the Mcdougall factors the Court found the solicitor's absence and file mishandling a reasonable explanation for delay, the medical evidence and witness testimony established on the balance of probabilities that the appellant received treatment and lodged a claim before 1 July 1992, there is no real prejudice to respondent, and therefore leave to file out of time is granted and the appellant is entitled to cover under the Accident Compensation Act 1982 pursuant to s135.