New Zealand Case Law: Decisions & Judgments

Topic

Causation and apportionment

Legal area

Court

12 Jul 2023

LINEHAN v THAMES-COROMANDEL DISTRICT COUNCIL [2023] NZCA 288

Citation

[2023] NZCA 288
Court

Court of Appeal

The Court affirmed that the Council was liable only for the admitted breaches concerning the direct-fixed balcony tiling (2011 certification breach and 2016 consenting breach); appropriate remedy was the cost of targeted repairs to the balconies and the 2016 wasted costs (subject to duplication rules), trustees failed to prove broader Council liability (roofing, tanking, cladding) and failed to prove stigma damages; trustees were contributorily negligent in key respects (notably approving direct-fix despite contractor's prior conduct and inadequate supervision and expert engagement) warrantin…
21 Oct 2014

Thompson v Accident Compensation Corporation

Citation

[2014] NZACC 270
Court

District Court

The court found that more than 6% of the appellant's binaural hearing loss was caused by cisplatin and that such loss was an ordinary consequence of the chemotherapy treatment; accordingly the treatment injury is excluded by s32(1)(c) and the appellant's claim failed.
12 Jul 2000

Clough v Accident Compensation Corporation

Citation

[2000] NZACC 171
Court

District Court

On the balance of probabilities the Court found the appellant's ongoing symptoms could not be said to be wholly or substantially due to gradual process; the 17 July 1987 fall continues to make a substantial contribution to her condition and therefore the respondent's decision to decline ongoing entitlements was revoked and entitlements reinstated.
7 Aug 1997

Greens Industries Limited v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1997] NZACC 163
Court

District Court

The appeal was allowed because the evidence established that the worker was not employed in areas with noise levels above the action threshold and the respondent relied excessively on an expert report that lacked onsite verification; on the totality of evidence the review officer's finding that employment contributed to the hearing loss was not supported and was set aside.

New Zealand Case Law

LINEHAN v THAMES-COROMANDEL DISTRICT COUNCIL [2023] NZCA 288

Thompson v Accident Compensation Corporation

Clough v Accident Compensation Corporation

Greens Industries Limited v Accident Rehabilitation and Compensation Insurance Corporation