9 May 2011
XXXXX v Accident Compensation Corporation
- Citation
- [2011] NZACC 135
- Court
- District Court
The judge accepted the appellant's wife's affidavit and oral evidence as honest and credible and, in the face of divergent specialist opinions and lack of decisive medical evidence, concluded on the balance of probabilities that the appellant's covered sensitive injury remained the main and substantial cause of his incapacity to at least 29 July 2002 and, in the judge's view, to 30 September 2002; accordingly the appeal succeeded and costs were awarded to the appellant.