11 Sept 2015
DI-GIANDOMENICO v ACCIDENT COMPENSATION CORPORATION [2015] NZHC 2193
- Citation
- [2015] NZHC 2193
- Court
- High Court
Appeal allowed because the District Court applied too stringent a causation test inconsistent with Ambros; there was at least a possible causal link per expert evidence and the matter is remitted to the District Court to reconsider causation solely on medical mishap grounds including obtaining evidence on the rarity requirement (<=1%) while noting no medical error was established.