13 Jun 2012
Ellwood v Accident Compensation Corporation
- Citation
- [2012] NZACC 195
- Court
- District Court
After directed further expert evidence was obtained, Judge Beattie reasonably preferred the respondent's expert evidence that the appellant's ongoing neck pain was due to pre-existing degenerative disease and not ongoing nerve root compression caused by the 1998 accident; the evidence gathering satisfied Mallon J's requirement for a sufficient basis and, applying the flexible civil standard, there was no seriously arguable legal error to justify leave to appeal; leave refused.