Barlow v Humphrey - [1990] 2 NZLR 373

Tort — Cause of action — Loss of consortium — Plaintiff claimed exemplary damages for loss of consortium following death of her husband through negligent driving of defendant — Whether loss of consortium had been abolished as a cause of action — Whether proceeding should be struck out — Accident Compensation Act 1972, s 5 — Accident Compensation Act 1982, s 27 — Acts Interpretation Act 1924, s 20(f).

Statutes — Interpretation — Revival of a cause of action — Loss of consortium was abolished as a cause of action by the Accident Compensation Act 1972 which was repealed by the Accident Compensation Act 1982 — Whether repeal revived the former cause of action — Acts Interpretation Act 1924, s 20(f).