New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Inequity test

Legal area

Court

23 May 1997

Matthews v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1997] NZACC 104
Court

District Court

Appellant failed to prove she altered her position in reliance on the overpayment by entering into binding or irreversible commitments and it was not inequitable to require repayment given ongoing repayments and the independence allowance; therefore remission under s77(2) is not available and the Review Officer's decision stands.
12 Dec 1996

Satherley v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1996] NZACC 150
Court

District Court

Appellant failed to discharge the onus of proving that repayment would be inequitable: the court accepted the Corporation was entitled to recover the overpayments under s77 because the appellant did not establish detriment or a degree of alteration of position sufficient to make repayment inequitable and feasible alternatives (sale of vehicle, instalment arrangements) existed; appeal dismissed.