E v K - [1995] 2 NZLR 239

Tort — Cause of action — Breach of statutory duty — Daughter directed sexual abuse allegations at father — Social worker investigated allegations — Indecent assault charge laid against father — Daughter retracted allegations and charge withdrawn — Whether defendants owed statutory duties when investigating complaint — Children and Young Persons Act 1974, ss 4, 27(2) and 41(3).

Tort — Cause of action — Negligence — Sexual abuse allegations — Allegations retracted and indecent assault charge withdrawn — Whether defendants owed plaintiffs a duty of care to investigate properly and carefully the allegations and to exercise reasonable care in all dealings with the parties and in preparing Court reports — Whether there was proximity between the parties — Whether there were policy factors preventing a finding of a duty of care.

Tort — Cause of action — Misfeasance in public office — Sexual abuse allegations — Allegations retracted and indecent assault withdrawn — Failure by social worker to investigate the allegations properly and carefully — Whether a social worker was a public officer when investigating and reporting a complaint — Department of Social Welfare Act 1971, s 8.

Practice and procedure — Striking out proceedings — Allegations by plaintiffs of breach of statutory duty, negligence and misfeasance in public office — Whether causes of action tenable in law on the basis of the pleadings — High Court Rules, R 186.