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Interest on Back Payments

#1 User is offline   watcha 

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Posted 20 October 2008 - 03:20 PM

Kearney v ACC High Court

Very good decision. Let's hope ACC doesn't get its knickers in a twist and apply for leave to appeal to the Appeal Court, should know by the end of the month.

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#2 User is offline   Sparrow 

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Posted 20 October 2008 - 05:17 PM

Thankyou Watcha for giving us this decision up on forum.
It is my sincere hope that the ACC do not appeal this great decision.
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#3 User is offline   Huggy 

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Posted 20 October 2008 - 05:50 PM

Woah thats going to open up the door for a few people.

My claim was originally accepted under the 92 Act. They cut me off in 1999 and i didnt get it reinstated until late 2001. At the time i asked ACC to pay interest as they had disentitled me illegally. Of course they refused to do so. In my case they also would have had the info so cant get out of it that way.

Well done.
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#4 User is offline   Tomcat 

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Posted 20 October 2008 - 07:24 PM

"""Woah thats going to open up the door for a few people."""

Chasing up local branch (not CM) to get the court ordered ERC re-calc.done,
so the interest, back to 1992 can be done... :)

The Kearney case may induce ACC to sort out my interest back to 1992,
before it goes to court...
If it goes to court, it is another can of worms for ACC...

The longer they drag it out, = more interest...

they need to do this lot "with clean hands" :P
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#5 User is offline   MINI 

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Posted 21 October 2008 - 12:41 PM

Huggy and all

I have just finished reading this decision and making some notes.

Yep looks like I am one of the lucky ones if they dont appeal.

It is interesting that at Review I actually applied under the 1992 Act and was declined. Same at Appeal. So was going to go cap in hand under wrongful action. But this is even better. They will probably pay it without having to go to Court on the strength of this case and taking into consideration that I did Review under 1992 Act.

This is going to make things so much easier I hope. mind you they could just give me another chance and reopen the case. Probably better, but more work.

Gonna ask for the Lawyers fee as well.

Cool Bananas. Things happening for us girls and guys!!

Hears hoping.
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#6 User is offline   doppelganger 

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Posted 21 October 2008 - 12:48 PM

Yes this is going to be interesting in my case especially of the wrong doing as well.
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#7 User is offline   watcha 

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Posted 21 October 2008 - 01:13 PM

Thanks to Peter Sara of Dunedin for his excellent work, may he live long and prosper.
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#8 User is offline   MINI 

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Posted 21 October 2008 - 03:14 PM

Touche Watcha

It just takes one to make all the difference eh???
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#9 User is offline   fairgo 

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Posted 21 October 2008 - 07:12 PM

yep he's the main man alright :)

It is a very hard business to be in I'm sure but I admire Peter for sticking with it and getting people's rightful entitlements.
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#10 User is offline   MINI 

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Posted 23 October 2008 - 09:10 PM

A little birdie just told me they are going to Appeal.

But then it was only a little birdie and doesnt have a very loud voice.

Nothing I can see in the Official halls.

Who ever hears first get it up here smartly please. Will be a lot out there affected by the outcome of Appeal, if they take it.
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#11 User is offline   Tomcat 

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Posted 24 October 2008 - 06:32 AM

GOOD MORNING :)

Received word on the recalc of ERC yesterday... Better than expected... but not over yet...


Interest has been dealt with,(earlier this week)...Now waiting for reserved decision...
Should be very Interesting... ;)
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#12 User is offline   MINI 

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Posted 24 October 2008 - 08:37 AM

Interest should be automatic with that, cause the Court ordered the re-calculation eh??

Good going. How about a loan??? ;-)
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#13 User is offline   MINI 

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Posted 13 November 2008 - 08:25 AM

The lastest I hear on the Kearney case is that:

ACC are taking an appeal and while it is being heard, has put a 'stay' on the Kearney case. meaning it cant be used for caselaw to support ones own case of 'interest'. So it is a wait and see game again.

I am worried that while we wait and see the law will be changed to allow the 'interest' to be taxed, therefore, allowing more money for the National promises.

Well if they lose to Kearney they will have to make it up from somewhere else wont they???

Still Just Mini
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#14 User is offline   doppelganger 

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Posted 13 November 2008 - 08:54 AM

and yes mini can see ACC argument.

"over the years ACC staff have deliberately made wrong decision so that we could show the minister that everything is working to plan.

Our wrong decision to deny entitlements have put the injured person at a disadvantage, delayed entitlements and increased remuneration.

The Corporation paying interest will mean that the case managers could be up for criminal charges for producing documents so they and there seniors obtain the remuneration in place of the injured persons entitlement."

Well that is the facts so it be interesting to see if they are arguing legislation or policy.
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#15 User is offline   MINI 

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Posted 13 November 2008 - 09:03 AM

Doople where did that quote come from??

It is most interesting and ties in with some documentation I have just had before the Court!!

Cheers
Mini
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#16 User is offline   doppelganger 

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Posted 13 November 2008 - 09:19 AM

Its from my head Mini.

this information comes from the collection of information that I have read, the policies, and practices of the ACC staff.

Its also in a lot of ACC documentation about the schemme, what ACC uses and makes up so they can measure the Corporation performances.

Good luck with you case.
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#17 User is offline   MINI 

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Posted 13 November 2008 - 10:03 AM

Oh, OK you had me all excited there for a minuite or two!!!

Am going to get my 'interest' in 'cap in hand', see what happens..... by then we should know if Kearney is allowed to be Appealed.

No harm in trying anyway!!

Keep Well
Mini
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#18 User is offline   MINI 

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Posted 13 November 2008 - 10:07 AM

By the By why is this thread under IRD/TRA cases, it is about interest on weekly compensation and the ACC legislation not the Tax legislation.

Although one case has been won against IRD trying to tax interest. That is the Buis case on line here.

MIni
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#19 User is offline   malhar 

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Posted 12 August 2010 - 04:28 PM

View Postwatcha, on 20 October 2008 - 03:20 PM, said:

Kearney v ACC High Court

Very good decision. Let's hope ACC doesn't get its knickers in a twist and apply for leave to appeal to the Appeal Court, should know by the end of the month.

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#20 User is offline   MINI 

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Posted 12 August 2010 - 04:51 PM

Hah??

This is 'old' shit the case has been won as we all know. Or is this just a chance to put Mini's reputation in negative again??

Mini
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