Sivasubramaniam v Yarrall - [2005] 3 NZLR 268

Accident compensation — Cover — Extent of cover for mental injury — Mental injury caused by physical injury or by death of fetus — Whether mental injury caused by death of mother covered by Act — Status of claimant as secondary victim — Trauma not attributable to physical injury — Whether common law damages available for mental injury arising from breakdown of marriage — Meaning of “directly or indirectly” and “because of” — Injury Prevention, Rehabilitation, and Compensation Act 2001, ss 20, 26(1)(c), 27, 317(1), 319(1) and 320.

Tort — Negligence — Mental injury caused by death of fetus in utero — Whether common law damages statute-barred — Injury Prevention, Rehabilitation, and Compensation Act 2001, s 317(1).