Garrett v Attorney-General - [1993] 3 NZLR 600

Tort — Misfeasance in public office — Elements of tort — Failure of police to investigate complaint of rape — Public duty of police to exercise power for public good — Whether suppression of complaint to protect reputation of police within power of police — Meaning of malice in tort of misfeasance in public office.

Practice and procedure — Striking out proceedings — Whether claim for misfeasance in public office tenable — Prolixity of statement of claim — Need for reasonable particularity — Whether claim for damages under various heads should be pleaded separately — High Court Rules, RR 108 and 185(4).

Practice and procedure — Pleadings — Damages — Misfeasance in public office — Whether damages available for distress — Whether discrete sums can be claimed for general damages, aggravated damages and exemplary damages.

Damages — Pleadings — Whether discrete sums can be claimed for general damages, aggravated damages and exemplary damages.