Court of Appeal Wellington
10, 11 September; 12 October 1990
Richardson, Casey and Hardie Boys JJ
10, 11 September; 12 October 1990
Richardson, Casey and Hardie Boys JJ
Tort — Causation — Breach of statutory duty — Rumoured allegation of teacher's homosexuality recorded in inspector's memorandum on file — Teacher's career seriously prejudiced — Cancellation of teacher registration — Whether causative link between memorandum and prejudice to career — Whether breach of statutory duty imposed by s 135 of the Education Act 1964 - Whether duty not to act in a manner which could affect career without resort to statutory procedure.
Tort — Negligence — Whether duty of care owing to teacher in departmental recording of information in inspector's memorandum — Teacher's career seriously damaged — Whether causative link between memorandum and prejudice to career — Consideration of distinction between defamation and negligence.
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