15 May 2018
No question of law was raised warranting leave to appeal; Judge Mathers' conclusions that the respondent was acting under the Fire Service's direction, could be treated as co-opted/acting as an agent, and could be expected to receive pecuniary gain were findings of fact open on the evidence and not reviewable as errors of law; accordingly leave under s162 is refused.
1 Jul 2016
A failure to treat cannot be established where there were no observable clinical indications that intervention was required; a treatment injury cannot be proved solely by hindsight that a different course might have yielded a better outcome; claimants must show on balance of probabilities that the omission or treatment was unwarranted based on the patient's presentation and clinical knowledge at the time and that the omission caused the injury.
16 May 2012
On the balance of probabilities some damage to nerves in the operative field (including the posterior femoral cutaneous nerve) likely occurred, but given the dense scar tissue and the nature of the required dissection the damage was within the range of expected outcomes for that surgery and therefore an ordinary consequence or necessary part of treatment under s32; accordingly the injury is excluded from treatment injury cover and the appeal is dismissed.
26 May 2011
The Court held that "outcome" requires the mental injury to result from the physical injury; whether a perpetuating cause qualifies depends on the nature of the injuries and the mental condition and is a question of fact; on the evidence the PTSD resulted from the psychological trauma of confrontation with the burglar and not from the subsequent knee injuries, so ACC cover was properly declined and the appeal was dismissed.