21 Dec 2015
Bound by Cullen CA: when s114 and s252 are read together WINZ payments deemed 'for all purposes' to have been paid in respect of the ACC entitlement, so interest under s114 is payable only on the net balance after deduction of amounts refunded to WINZ; the $6,661.17 payment was an interest payment and deductible from later interest calculations.
15 Dec 2015
The application for special leave was dismissed because the key legal question was resolved by fact and statutory interpretation: applicant did not have an 'accident insurance contract' under the 1998 Act so the 2001 Act applies and s66 1998 cannot give rise to a deemed decision; the Walker reviewer decision was not binding or decisive and could not estop the Court; the vocational independence issues were factual and supported by evidence; therefore no point of law capable of bona fide and serious argument was shown and special leave was not warranted.
7 Aug 2015
The Court held there was no arguable question of law of sufficient general or public importance to grant special leave; the Environment Court and High Court correctly applied settled principles in ordering security for costs and awarding increased costs; the exercise of those discretions did not disclose error of law. Extension of time to file the special leave application was granted but special leave was dismissed and the applicant ordered to pay costs.
11 Nov 2005
Section 138(1) of the 1992 Act continues compensation awards determined under the prior Act as payable (including the quantum determined under s59), the District Court's reference to a repealed s59(2) was an immaterial error because the Authority decision was under s59(1), and the appellant is bound by the 1992 Authority assessment so the special leave application failed as the points of law were not seriously arguable.