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Interest on Back Payments

#21 User is offline   freefallnz 

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Posted 18 August 2010 - 10:44 PM

Indeed Mini,

As we now know the Kearney case was appealed but the appeal court upheld the Kearney decision.

Quote

[41] Chisholm J ordered interest to commence on 1 July 1992. He added:36 Although I assume that there will be no difficulty in calculating interest, I will take the precaution of reserving leave to apply further should the need arise.
[42] We are not aware of whether the interest calculation has ever been done. If there are difficulties in calculating interest, that should be resolved in the High Court. Chisholm Jís formal order can stand, even though he considered that the interest calculation for the entire period was to be calculated under s 72 of the 1992 Act. For reasons we have already given, the interest calculation is in fact to be done under three different statutory provisions: s 72 of the 1992 Act, s 101 of the 1998 Act, and s 114 of the 2001 Act. But since there is no difference in any of those three provisions, the net effect is identical to what his Honour ordered.

ACC v Kearney CA164 2009

So interest is payable on the gross earnings and it's tax free as per the Buis decision.
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#22 User is offline   MINI 

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Posted 19 August 2010 - 10:22 AM

Hey Freefall

Not to mention the Judges comments re: ACC lawyer being correct in statements made, but noticing and asking, "Who is responsible for the situation the claimant is in...........ACC is solely responsible". Looks like three Justices are better than one any old day.

Oh, yep and besides that I see Mini crept up with one bad rep point against each post. Wonder where all the dogs friends got too!! Your slacking guys and girls.

Or have you just had you fun, proved the forum can be manipulated which we all knew anyway and cant be bothered any more??

Mini
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#23 User is offline   freefallnz 

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Posted 20 August 2010 - 07:39 PM

LOL +1
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#24 User is offline   Francis 

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Posted 21 August 2010 - 09:51 AM

View PostMINI, on 19 August 2010 - 10:22 AM, said:

Hey Freefall

Not to mention the Judges comments re: ACC lawyer being correct in statements made, but noticing and asking, "Who is responsible for the situation the claimant is in...........ACC is solely responsible". Looks like three Justices are better than one any old day.

Oh, yep and besides that I see Mini crept up with one bad rep point against each post. Wonder where all the dogs friends got too!! Your slacking guys and girls.

Or have you just had you fun, proved the forum can be manipulated which we all knew anyway and cant be bothered any more??

Mini


Poor silly mouth mini, still can't accept that you are not liked, maybe you could save your sullied reputation if you ask everyone whom you think likes you to give you all them + you think you deserve. Mouth Mini gotta keep having your digs, can never keep anything nice, always lapsing into the bitterness that probably premeates from your pores. While you continue to groan, gripe and stoke your ego, I will be there to remind you why you are not liked. - 1 :lol:
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#25 User is offline   MINI 

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Posted 24 August 2010 - 01:26 PM

Francis

Many of your sort may not like me but lots of people 'love' me!!

I had just the best birthday party anyone could want!!!

Mini is a multi-tasker. She goes to parties, she smiles, she talks, she enjoys great food and has little drinkies.

Greeting galore, pressies and lots and lots of hugs and kisses!!! Yummy!!

Yeee-Haa....no time for party poopers!!! Or dead-beats!!

Francis the talking mule!!! Try having a bit of fun moron!! :rolleyes:
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#26 User is offline   Francis 

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Posted 24 August 2010 - 10:08 PM

View PostMINI, on 24 August 2010 - 01:26 PM, said:

Francis

Many of your sort may not like me but lots of people 'love' me!!

I had just the best birthday party anyone could want!!!

Mini is a multi-tasker. She goes to parties, she smiles, she talks, she enjoys great food and has little drinkies.

Greeting galore, pressies and lots and lots of hugs and kisses!!! Yummy!!

Yeee-Haa....no time for party poopers!!! Or dead-beats!!

Francis the talking mule!!! Try having a bit of fun moron!! :rolleyes:


Have you considered 'drinkies' on a regular basis, every day, several times a day? It might save the ACCforum from your barbed remarks and your egotistical ravings. Happy Birthday Mouth Mini, the multi tasker, the happiness of a birthday has rubbed off, except the last bit. True to form you are back to your mouthy ways! Another year wiser some might say, I say another reason to be bitter!
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#27 User is offline   MINI 

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Posted 25 August 2010 - 10:01 AM

Francis the talking mule who is dumb enough to think Mini gives a shit what he/she says.

Havent got time to be down and what I put in my mouth is nothing to do with you.

Mind your own business f..kwit!!!
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#28 User is offline   doppelganger 

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Posted 25 August 2010 - 01:23 PM

Just remember that many people are entitled to interest back paid. It looks like there are a couple of ACC supporters here that think ACC has a right to with hold entitlements with out penalty.
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#29 User is offline   MINI 

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Posted 25 August 2010 - 02:19 PM

Hey Dopple, not me old son!!!

I trust this is contributing to keeping claimants minds fixed that this matter is still about. If I had heard from ACC HO, I would have put it up here.

So it is providing a service in that it stops me having to hunt for this thread when I need it if nothing else.

The Mule no need to think I am going to take their shit lying down. No way!!

Update on HO as of today, no reply to local office yet. The word is that it could take a while to make their minds up as to how to handle it, as it is such a bit issue.

I might start doing mine through 'Wrongful action', as can only end up at civil and then Kearney would be used big time.

ACC taking too long to make up their mind, how they want to go about it. We may just have to do some pushing.

Cheers
Mini
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#30 User is offline   greg 

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Posted 25 August 2010 - 04:14 PM

You are right about being double taxed in as far acc repaying a winz benefit goes. They deduct a paye, then a gross amount also.
When the dust settles IRD should refund this at next years tax returns. One also might just have to collect some interest
on these incorrectly assessed monies.
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#31 User is offline   MINI 

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Posted 26 August 2010 - 09:15 PM

View Postgreg, on 25 August 2010 - 04:14 PM, said:

You are right about being double taxed in as far acc repaying a winz benefit goes. They deduct a paye, then a gross amount also.
When the dust settles IRD should refund this at next years tax returns. One also might just have to collect some interest
on these incorrectly assessed monies.


Greg

Dont ever use the words 'double taxed' to IRD or ACC or WINZ.

They have 'overtaxed' us. It is far worse that just double taxing.

If you note in my Judge of the 30 Oct 2009 the Justice never once mentions double taxing that is because at long last I got him to agree that it was not me that mentioned double taxing it was IRD and all the other people out there who didnt know an input from an output!!!

It is very easy now for the IRD to say we were not 'double taxed' and leave it at that as they are right. We were treated far more harshly than that. Please dont pick up bad habits from those that know not what they talk about and IRD who would love the Justices to get the wrong impression that we claimants are talking about being double taxed only. That means you would not be able to say that all the years caluculated in one year for tax at a huge amount, would be OK, as it certainly is not 'double taxed' and also any non-taxable amount reimbured to WINZ is not double taxed so again IRD would be correct in writing or saying such a thing. As it is not double taxed at all!!!

Good luck with your calculations. Hard work is still going on in different areas. All is not lost yet.

I had a talk to the TM today re: DRSL allowing interest on backdated weekly compensation and the word was to give HO till the end of this month and see what they have to say. I think this means there will be a little pushing going on to get some answers as to how we can go about applying for our interest back, one more time. (And my legal fees).

Mini (Had better hurry dont think I am supposed to be here!!)
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