New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Expert opinion

  • 7 Apr 2016

    Gill v Accident Compensation Corporation

    Citation
    [2016] NZACC 89
    Court
    District Court

    On the balance of probabilities the District Court preferred the treating surgeon’s contemporaneous operative opinion over the ACC clinical advisor and concluded that the appellant’s need for surgery was directly caused by the covered workplace injury (17 March 2013) and was not wholly or substantially due to a gradual degenerative process or ageing; accordingly the ACC decision declining cover for the 17 March 2013 incident was set aside while the earlier 5 March 2013 review decision was left undisturbed.

  • 30 Aug 2012

    Estate of Rowell v Accident Compensation Corporation

    Citation
    [2012] NZACC 291
    Court
    District Court

    The application for leave to appeal was refused because no question of law capable of bona fide and serious argument was identified: the District Court's factual findings were open on the evidence presented, there was no record of an application to compel midwives for cross-examination at the appeal, admission of unsigned statements was permitted under s156 and their weight was open to the Judge, and ACC's investigation and reliance on midwifery opinion and available reports did not demonstrate a legal error requiring leave to appeal.