9 Dec 2021
GOH v ACCIDENT COMPENSATION CORPORATION (of Wellington) [2021] NZHC 3372
- Citation
- [2021] NZHC 3372
- Court
- High Court
Application for special leave was dismissed because the substance of the challenge was a relitigation of the 2005 Decision already finally determined; res judicata and abuse of process applied; s252 ACC Act required the refund to MSD and ACC's deduction was lawful; the Hennessy decision did not alter s252's operation and offered no exceptional circumstance to avoid preclusion; no arguable question of law or prospect of success existed.
- Res judicata / cause of action estoppel
- Abuse of process
- Special leave to appeal
- Statutory deduction and refund (s252 acc act)
- Abatement of benefits (s71a social security act)
- Declarations of inconsistency (human rights act)