15 Feb 2017
The Court found no question of law capable of bona fide and serious argument because on the facts the Corporation complied with the time limits in s57 by obtaining and considering additional information within the permitted extension period, so s58 was not engaged; accordingly leave to appeal was refused.
22 Oct 2015
The Corporation issued a valid extension within the initial two month period and made its decision within the extension after receiving additional clinical information; therefore ACC complied with s57 and s58 does not operate to grant a deemed decision in the appellant's favour; appeal dismissed.
28 Sept 2009
Section 58 provides a remedy only for failures to meet statutory time limits in s56 or s57; inadequate quality of investigation or omission of review-rights information does not trigger s58 deeming. The Reviewer’s power to quash and direct further investigation under s145 is the correct remedy for deficient investigations. On the facts ACC obtained the claimant's agreement to extension and issued its decision within the agreed period, so s58 did not apply; the appeal is dismissed.