30 Aug 2023
CW v ACCIDENT COMPENSATION CORPORATION [2023] NZHC 2388
- Citation
- [2023] NZHC 2388
- Court
- High Court
Leave to appeal was refused because the District Court correctly applied the balance of probabilities test under s26(1)(c) and properly concluded Dr Newburn's reports were insufficient (having omitted prior psychiatric assessments and being based on self-report) to establish that the 1980 injection materially contributed to PTSD; the issue was essentially factual, s55(1) obligations were not determinative, the appellant's attempted grounds were either not pleaded or were factual in nature, and no arguable question of law for High Court review was disclosed.