New Zealand Case Law: Decisions & Judgments

Topic

Standard of proof - balance of probabilities

Legal area

Court

28 Feb 2014

New Zealand Steel v McCall

Citation

[2014] NZACC 41
Court

District Court

The Court found the reviewer’s decision granting cover unsustainable because the evidence did not show material workplace exposure to sodium dichromate or other agents sufficient to have caused or materially contributed to Mr McCall's COPD, smoking (and surgical sequelae) were the predominant causes, s30 was not satisfied, and therefore the accredited employer's revocation was properly restored under s65; the review decision was quashed and NZS's cancellation of cover reinstated.
18 Dec 2013

Emery v Accident Compensation Corporation

Citation

[2013] NZACC 413
Court

District Court

On the balance of probabilities the appellant's ongoing back pain was caused by bilateral pars interarticularis defects and the medical imaging and multiple specialist reviews establish those defects pre-existed the 11 June 2007 accident; because the causative pathology was not caused by the covered accident ACC had a sufficient basis to suspend entitlements and the suspension was upheld.
30 Jul 2012

Griffiths v Accident Compensation Corporation

Citation

[2012] NZACC 254
Court

District Court

The Court preferred the treating surgeon's and independent expert's opinions over the respondent's Clinical Advisory Panel, accepted that the appellant's above‑shoulder lifting constituted a traumatic compression event causing subacromial bursitis/impingement, and held that this established causation on the balance of probabilities such that ACC must fund the surgery under Clause 1, Schedule 1 of the Accident Compensation Act 2001.
19 Mar 2012

Dayal v Accident Compensation Corporation

Citation

[2012] NZACC 84
Court

District Court

On a fresh consideration of the evidence and on the balance of probabilities the medical evidence establishes that the appellant's hearing loss is not attributable to occupational noise exposure from his call centre employment but is more likely degenerative/familial, therefore ACC's decision to decline cover is upheld.
31 Jul 1998

MB v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1998] NZACC 172
Court

District Court

On the balance of probabilities the appellant's ongoing incapacity is substantially caused by a pre-existing degenerative osteoarthritis process disclosed by x-rays and specialist evidence; s.135 does not prevent reconsideration under the 1992 Act and s.73(1) authorises cancellation where information does not support continued entitlement, therefore ACC's cancellation was lawful and appeal is dismissed.

New Zealand Case Law

New Zealand Steel v McCall

Emery v Accident Compensation Corporation

Griffiths v Accident Compensation Corporation

Dayal v Accident Compensation Corporation

MB v Accident Rehabilitation and Compensation Insurance Corporation