New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Timeliness of claims

Legal area

Court

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).
6 Mar 1996

AB v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1996] NZACC 4
Court

District Court

The original claim form could not reasonably be read to constitute two separate claims; the respondent did not have actionable knowledge of the 1974 abuse at the time of the original filing; and the Act contains no discretion to accept late lump sum claims under the repealed provisions, therefore the appeal must be dismissed.
23 Aug 1995

Coulter v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1995] NZACC 102
Court

District Court

The appeal is dismissed because the statutory transitional deadline (31 December 1992) precluded payment under the relevant provisions and there is no discretion in the Act or in the court to relax those statutory time limits, even though the facts might otherwise justify reimbursement or an ex gratia payment.