New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Duty to investigate (ambros)
  • 22 Dec 2015

    Jones v Accident Compensation Corporation

    Citation
    [2015] NZACC 403
    Court
    District Court

    Leave to appeal was refused because the issues raised were questions of fact and assessment of expert evidence, not questions of law for the High Court; ACC lawfully revoked the deemed decision under s65 after reliable expert opinion established a pre-existing depression, and Hornby requires a physical injury to be a significant direct cause for mental injury cover, which was not established here.

    • Mental injury cover
    • Deemed decision revocation (s58/s65)
    • Causation (s20)
    • Expert medical evidence
    • Duty to investigate (ambros)
    • Appealability of factual findings