31 Oct 2008
DESHAN SAM V ACCIDENT COMPENSATION CORPORATION HC WN CIV 2008-485-829
- Citation
- openlaw-628b80b8_45cf_429d_bc02_ea519c0cf079.pdf
- Court
- High Court
Court held District Court erred by requiring identification of a single probable cause where a finite set of non‑remote possible causes existed; however appeal dismissed because, on proper construction of s 25, causes occurring within the mother's body (including cord or placental events occurring in utero) are not 'application of a force external to the human body' and the phrase 'exposure to the elements, or to extremes of temperature or environment' does not extend to the intra‑uterine/womb environment; claimant failed to prove on balance that injury was caused by an 'accident' within s 25.