15 Sept 1998
Russell v Accident Rehabilitation and Compensation Insurance Corporation
- Citation
- [1998] NZACC 206
- Court
- District Court
The appellant received the payment in good faith given the context of prior payment problems, lack of a case manager, her inquiry and the respondent's representative indicating an underpayment would be quantified; she altered her position in reliance by making mortgage payments to avoid mortgagee sale and by repaying a $10,000 family loan which she was not obliged to repay at that time; consequently, under s77(2) it would be inequitable to require repayment and the appellant's appeal is allowed.