New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Inequitable to require repayment

Legal area

Court

11 Feb 2008

Bayliss v Accident Compensation Corporation

Citation

[2008] NZACC 35
Court

District Court

The appellant failed to prove he altered his position in reliance on the validity of the overpayment so that repayment would be inequitable under s251(2)(b); therefore the statutory bar to recovery did not apply and ACC may recover the overpayment.
18 Aug 2005

OWENS V CHIEF EXECUTIVE OF THE MINISTRY OF SOCIAL DEVELOPMENT CA CA131/05

Citation

openlaw-86ff6700_2770_4362_9675_06ccd99abf24.pdf
Court

Court of Appeal

The Court of Appeal granted special leave because the question whether the inequity test requires proof of a causal connection between the overpayment and alteration of position raises an arguable question of law of general public importance and should be fully litigated in a contested hearing; consequently leave was necessary to resolve whether Miller J misread the facts or law.