KEY POINTS:
A former top American windsurfer who suffered debilitating long-term injuries after a water collision involving Olympic champion Bruce Kendall says what caused the accident needs to be determined before she will accept a settlement.
Kimberly Birkenfeld now uses a wheelchair after the accident in August 2002 when her windsurfer and a boat being driven by Kendall collided in waters off Greece.
Birkenfeld originally sought US$15 million ($19.86 million) in damages from Yachting New Zealand (YNZ) and Kendall, her former coach.
However, YNZ and Kendall won orders limiting the amount of funds payable to about $500,000, which was upheld by the High Court and the Supreme Court after Birkenfeld appealed.
YNZ has not admitted liability for the accident but has offered on several occasions to pay Birkenfeld the full amount, which she has declined.
YNZ and Kendall yesterday asked the High Court at Wellington to order a stay of proceedings and YNZ also sought an order for the limited funds to be distributed to Birkenfeld.
Birkenfeld, who represented herself, sought to strike out Kendall's application as well as directions for discovery. Justice Anthony Randerson reserved his decisions.
Birkenfeld told the court it was not about the money. She said she needed to know what happened and wanted liability determined.
- NZPA
