The Court of Appeal upheld the appeal against a District Court damages award in a medical negligence case involving failure to diagnose testicular torsion, setting aside the judgment for the respondent and entering judgment for the appellant. The case involved the interaction between the Civil Liability Act 2002 (including ss 13 and 16 on non-economic loss) and Workers Compensation Act 1987 provisions (ss 66, 67, 151Z) in calculating damages where workers compensation lump sum payments had been made. The full reasoning on the substantive errors in the damages assessment is not apparent from the truncated judgment text provided.
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