18 Dec 2006
MICHAEL ERNEST ELLWOOD V ACCIDENT COMPENSATION CORPORATION HC WN CIV 2005-485-536
- Citation
- openlaw-4a8e5c6d_dcaa_4d43_94f0_5e804d28153b.pdf
- Court
- High Court
s116 must be read with ACC's obligation to act reasonably; ACC must have a sufficient evidential basis before suspending/terminating entitlements. Where the evidence is unclear or in balance suspension is not justified because the 'not satisfied' test is not met. The District Court gave inadequate rational reasons for preferring ACC's experts and the matter is remitted for rehearing with further expert clarification ordered as necessary.