9 May 2013
ACCIDENT COMPENSATION CORPORATION V MILLER COA CA311/2012
- Citation
- COA CA311/2012
- Court
- Court of Appeal
The Court held Q(a) yes and Q(b) no: it is not automatic that interest runs from the date compensation was suspended merely because payments were previously made; whether interest runs depends on when the Corporation first had 'all information necessary' (medical, financial and other) to calculate the payment. Kearney's principle that the Corporation cannot benefit from its own omission stands, but that does not displace the statutory test. The matter raises factual questions about when the Corporation received and had opportunity to assess necessary information and is remitted to the High Co…