New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Evidentiary assessment

Legal area

Court

14 Aug 2019

Jones v Accident Compensation Corporation (Leave to Appeal)

Citation

[2019] NZACC 96
Court

District Court

The application for leave to appeal was dismissed because the applicant failed to identify any question of law; his challenge was to the District Court's factual conclusion on causation, and s162 does not permit appeals against findings of fact.
24 Oct 2013

Sykes v Accident Compensation Corporation

Citation

[2013] NZACC 338
Court

District Court

The Court found on the balance of probabilities that the preponderance of medical evidence established the appellant was incapacitated within s103(2) from 10 January 2011; the respondent's reliance on Mr Hadlow's single observation was inadequate and the respondent failed to properly assess the totality of medical reports, therefore its decision declining weekly compensation was unlawful and must be revoked.