20 Aug 2008
Allianz New Zealand Limited v Accident Compensation Corporation
- Citation
- [2008] NZACC 190
- Court
- District Court
A deemed decision to grant cover under s66 cannot be set aside merely because the supporting evidence was weak or would have led to a different outcome on investigation; only clear, conclusive evidence establishing that a necessary condition precedent was absent (such that the grant would be ultra vires) justifies overturning a deemed decision. On the facts there was insufficient clear evidence that cover was barred, so the insurer's revocation was invalid and the appeal is dismissed.