11 Sept 2018
The court stayed the directions of 5 June 2018 pending delivery of the ACC review decision because the review might alter the 25 June 2008 decision and thereby determine whether the leave to appeal would proceed; striking out for want of prosecution was inappropriate in those circumstances.
26 Sept 2011
The Court accepted the treating surgeon's intra-operative finding of an avulsion with no tendon degeneration and, on the balance of probabilities, held the rotator cuff tears and need for surgery were caused by the 27 December 2009 injuring event; ACC's decision declining funding was therefore incorrect and was revoked.
24 Jul 2007
On the balance of probabilities the evidence established a non‑traumatic (preformed canal) inguinal hernia rather than a traumatic rupture of the abdominal wall; medical notes, lack of a clear single severe event or contemporaneous reporting, and expert opinion supported declining cover, so the review decision was correct and the appeal is dismissed.
7 Dec 1999
The judge held that, on the whole administrative record of multidisciplinary expert reports and rehabilitation attempts, the appellant met the statutory test for capacity for work under s51(2); there was no material breach of natural justice in the assessment process, the Corporation properly made the determination by reference to expert reports, and reasons were adequately provided by those reports; therefore the appeal was dismissed.
22 Aug 1995
The appeal is dismissed because under the 1992 Act the appellant failed to establish a qualifying personal injury: pregnancy and its termination do not, by themselves, constitute 'personal injury' as defined in s4 absent physical injury producing the mental injury, and the appellant did not prove that the 1989 procedure produced an adverse consequence meeting the statutory rarity and severity thresholds or that any qualifying personal injury was caused by that procedure.