12 Oct 2015
ROBERTSON v ACCIDENT COMPENSATION CORPORATION [2015] NZHC 2489
- Citation
- [2015] NZHC 2489
- Court
- High Court
Leave to appeal was declined because Goddard J did answer the legal question: while cover can arise where timely diagnosis and treatment would have materially delayed an inevitable outcome by an ascertainable period, the applicant failed to prove on the balance of probabilities that the delay caused premature end-stage renal failure in 2004; the acceleration rule does not operate to create cover where the underlying condition is the whole or substantial cause.