Cockburn v Accident Compensation Corporation (Personal Injury) [2023] NZACC 93 [pdf, 240 KB]
...injury to Mr Cockburn’s right toes, whereas the cause of action in the present review was injury to his foot excluding his toes. The Court is prepared to give Mr Cockburn the benefit of the doubt on the issue of res judicata, in the interests of justice being seen to be done, and will decide on the substantive matter. [59] Ms Magee, for Ms Cockburn, submits as follows. Photographs clearly indicate that there was an injury suffered to Mr Cockburn’s right forefoot on the date in...