Ellison v L - [1998] 1 NZLR 416

Damages — Exemplary — Punishment — Exemplary damages reserved for cases of truly outrageous conduct not punishable adequately in any other way — Absence of deliberate or high-handed conduct or flagrant disregard for plaintiff — Whether exemplary damages may be awarded in cases of negligence — Whether negligence alone sufficient for award of exemplary damages — Personal injury — Whether award of exemplary damages would undermine policy of Accident Rehabilitation and Compensation Insurance Act 1992.

Law practitioners — Conduct of proceedings — Legal advisers should not be associated with claims for damages which are unattainable and give the appearance of being brought in terrorem.

Practice and procedure — Limitation of proceedings — Application for leave to bring proceedings arising from bodily injury out of time — Claim for exemplary damages bound to fail — Whether leave should be granted — Policy of Limitation Act 1950 — Limitation Act 1950, s 4(7).

Tort — Negligence — Damages — Personal injury — Exemplary damages — Whether exemplary damages can be awarded for negligence — Whether negligence alone sufficient for award of exemplary damages.