New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Prejudice to insurer

  • 2 Apr 2004

    Dooms v Accident Compensation Corporation

    Citation
    [2004] NZACC 86
    Court
    District Court

    The appeal is dismissed because the claim was lodged more than twelve months after the alleged injury and, objectively, the delay prejudiced the respondent's ability to determine entitlement (absence of contemporaneous medical evidence, lack of ongoing treatment records and an equivocal specialist opinion), and the appellant failed to prove the 1994 incident substantially contributed to his present symptoms.

  • 24 Jan 2003

    Clouston v Accident Compensation Corporation

    Citation
    [2003] NZACC 10
    Court
    District Court

    The court found there was sufficient untainted evidence to establish the 1986 dump truck rollover and associated neck/back injury; the respondent was not prejudiced in its ability to make decisions because further expert opinion could address causation, therefore ACC was wrong to decline the late claim under s61(2) and the appellant is entitled to cover for the 1986 accident (with entitlements to be determined by ACC).