3 May 2018
W v ACCIDENT COMPENSATION CORPORATION [2018] NZHC 937
- Citation
- [2018] 3 NZLR 859
- Court
- High Court
Section 26(1)(c) requires both factual causation (ordinarily established by the 'but for' test) and legal causation; the claimant's physical injuries must materially contribute to the mental injury. A requirement of a distinct direct/proximate causal link in the sense adopted below by the District Court was an error of law; appeal allowed and matter remitted for factual rehearing applying the correct tests.