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WA Injured in NZ - Sue for Compensation from Australia?

Discussion in 'Personal Injury Law Forum' started by Isabelle McGrouther, 30 September 2014.

  1. Isabelle McGrouther

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    My ankle was broken on a farm in New Zealand, where I am originally from. I was milking one of the owners cows when another ran up and kicked me in the ankle. The owner ran out with the bucket of milk and left me alone there.

    It has been 7 months and I am still experiencing pain and difficulty walking. Am I still eligible for personal injury compensation?
     
  2. Sarah J

    Sarah J Well-Known Member

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    Are you asking whether you can initiate the action in Australia? Why would you wish to do this?

    In Australia, the test is "clearly inappropriate forum". The court will consider your place of residence, where you injured your ankle, who the defendant is and where the defendant resides, any witnesses and where they are located, assets of the defendant, medical reports and professionals and where they are located. If they are all in NZ, then I would suggest seeking compensation in NZ and not Australia.
     
  3. Sophea

    Sophea Well-Known Member

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    I agree with Sarah that it is likely the most appropriate forum to seek compensation is in NZ. It may be possible for you to seek the assistance of a New Zealand Lawyer who could conduct the case for you and try to reach a settlement, however you may need to appear in person if it goes to trial or mediation, depending on what the laws are over there.
     

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