19 Sept 2017
The Court held ACC only had 'all information necessary' to determine cover and calculate weekly compensation when it received Dr Foley's second report of 2 April 2014, which was the pivotal medical evidence relied upon by the appellate decision; accordingly interest under s114 is payable from that date and the Corporation's denial of interest and the review decision were quashed.
27 Aug 2014
Applying ACC v Miller, the Court found this case corresponds to Miller scenario 4: the Corporation did not have 'all information necessary' when it suspended weekly compensation in September 2007 because contemporaneous specialist opinion (Mr Otto) supported non-injury causation and the applicant's supporting specialist reports (Dr Wigley) were not received until August 2009; financial information from WINZ was received on 28 July 2010 and arrears were paid within one month on 2 August 2010; therefore no interest is payable and the appeal is dismissed.
28 Nov 2003
Section 373 of the 1998 Act imposed a mandatory refund obligation to WINZ so the amount to be refunded constituted 'information necessary' for the purposes of s72; ACC received the necessary WINZ information on 11 August 2000 and paid arrears within one month, therefore s72 did not authorize payment of interest and the appeal is dismissed.