16 Nov 2016
Leave to appeal was refused because the applicant failed to identify an arguable question of law; Judge Powell correctly applied the Miller framework and permissibly concluded the Corporation first had all necessary medical information by Dr Wigley’s second report (8 June 2010), so the applicant’s complaints amount to challenges to factual findings rather than errors of law.
26 Aug 2008
Interest did not accrue because the Corporation did not have "all information necessary" until receipt of mandatory reassessment reports and WINZ reimbursement/confirmation; both arrears payments were made within one month of receipt of that necessary information, therefore no interest payable and the appeal is dismissed.
4 Aug 2008
The court held that s114 IPCRA 2001 governs and ACC was not liable for interest because ACC made the two payments within one month of receiving all information necessary to calculate them (first period: Review decision 26 Aug 2003 → payment 9 Sept 2003; second period: WINZ details received 29 Sept 2003 → payment 10 Oct 2003), so no entitlement to interest arose.
18 Jun 2007
The appeal is dismissed because s114 requires that interest runs from one month after ACC received all information necessary to calculate payment; in this case ACC did not have verified employer earnings and the necessary medical verification until 2005, cl 50 does not allow estimation of ordinary employee earnings, and ACC paid within one month of receiving the necessary information, so no earlier interest was payable.
17 Sept 2001
Section 101 entitles interest only where the insurer has failed to pay within one month after receiving all information necessary to calculate the payment; information necessary includes WINZ reimbursement figures and the tax certificate; because the respondent commenced payment within one month of receiving that information no entitlement to interest arises.
4 Oct 2000
s.101 does not entitle appellant to interest because the insurer was not obliged or lawfully able to pay the higher weekly compensation until the Review Officer's decision and until it received the necessary WINZ reimbursement information; the Corporation paid the lump sum within one month of receiving that information so no late payment occurred under s.101; s.101 is a deterrent to delay not a general compensatory provision for arrears discovered on review.