Attorney-General v McVeagh - [1995] 1 NZLR 558

Courts — Jurisdiction — Personal injury by accident — Medical misadventure — Plaintiff detained from 1984 to 1992 in hospital as special patient under Part IV of Mental Health Act 1969 — Plaintiff claiming wrongful detention since no diagnostic reasons for detention — Whether claim for medical misadventure — Whether claim barred as claim for personal injury by accident — Accident Rehabilitation and Compensation Insurance Act 1992, s 14(1).

Statutes — Interpretation — Repeal — Effect — Act conferring immunity subsequently repealed — Action brought in respect of events before repeal of Act — Whether immunity saved despite repeal of Act — Mental Health Act 1969, s 124 — Acts Interpretation Act 1924, s 20(e)(iii) .

Practice and procedure — Striking out proceedings — Inherent jurisdiction — Abuse of process — Plaintiff alleging unlawful detention from 1984 to 1992 in hospital as special patient under Part IV of Mental Health Act 1969 — Plaintiff unsuccessfully applying to Court for review of detention on five occasions between 1984 and 1991 — Whether later claim should be struck out as vexatious and an abuse of the process of the Court.