New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Evidential assessment
  • 16 Feb 2010

    Johnston v Accident Compensation Corporation

    Citation
    [2010] NZACC 29
    Court
    District Court

    Leave to appeal to the High Court was granted but confined to the single question of law whether the common law 'but for' test can establish causation for ACC entitlements where an accident renders pre-existing degenerative conditions symptomatic; the Judge accepted existing authority that degeneration rendered symptomatic does not establish compensable injury but allowed leave because the issue of law is significant and contested.