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Court of Appeal Wellington
5 March; 13 June 2001
Richardson P, Gault, Thomas, Blanchard and Tipping JJ
5 March; 13 June 2001
Richardson P, Gault, Thomas, Blanchard and Tipping JJ
Tort — Negligence — Exemplary damages — Test for exemplary damages for negligence — Misreading of cervical smear slides by pathologist — Whether pathologist aware of acting in reckless disregard of result of conduct.
Practice and procedure — New trial — Dismissal of claim for exemplary damages against pathologist who misread cervical smear slides — Re-reading after trial of slides read by pathologist from 1990 to 1996 — Whether would have had important influence on case — High Court Rules, R 494.