New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Medical evidence adequacy

Legal area

Court

19 Sept 2019

FRENCH v NEW ZEALAND POLICE [2019] NZHC 2382

Citation

[2019] NZHC 2382
Court

High Court

The appeal was dismissed because the appellant repeatedly failed to comply with court timetables, did not provide adequate medical evidence to justify further adjournment, failed to appear at the substantive hearing, and the trial judge's credibility‑based findings were open on the evidence and unaffected by the missing CCTV material.
14 Aug 2007

Milner v Accident Compensation Corporation

Citation

[2007] NZACC 187
Court

District Court

Appeal allowed because the medical material relied on by ACC did not adequately address whether the appellant's underlying spinal condition was accident-related or the product of prior injuries or gradual process; Dr Reekie's opinion alone was insufficient to justify suspension under s117 and ACC failed to consider a realistic possibility that the degeneration might be accident-related, therefore the suspension/cancellation decision was not supported by the evidence.