New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Apportionment of causes
  • 31 Oct 2012

    Quested v Accident Compensation Corporation

    Citation
    [2012] NZACC 354
    Court
    District Court

    The Corporation applied the wrong test by requiring that treatment be 'primarily' required because of the accident. Having accepted cover for extensive luxation of the two incisors, the appellant was entitled to treatment where a causal nexus existed between the injury and the treatment need. Evidence established that the accident mobilised the teeth and produced the need for treatment despite pre-existing periodontal disease; accordingly the appeal is allowed.