Court of Appeal Wellington
11, 12 May; 6, 7 July; 27 October 1989
Cooke P, Somers, Casey, Hardie Boys and Wylie JJ
11, 12 May; 6, 7 July; 27 October 1989
Cooke P, Somers, Casey, Hardie Boys and Wylie JJ
Courts — Jurisdiction — Personal injury by accident — Medical misadventure — Plaintiff was treated for cervical cancer over a period from 1964 to 1979 - She claimed exemplary and compensatory damages for alleged medical misadventure over that period, pleading consequences of "interference with her bodily integrity", "diminished life expectancy" and "being made the subject of research and experimentation without her knowledge or consent" - High Court referred question of whether plaintiff had suffered personal injury by accident to Accident Compensation Corporation for determination — Whether claim for exemplary damages was barred by Accident Compensation Act — Whether the physical and mental consequences of injury or accident were limited to mental consequences identifiable by some particular medical or psychiatric description — Whether consequences claimed by plaintiff were physical or mental consequences under the Act — Whether question needed to be referred to Corporation for determination — Accident Compensation Act 1982, s 2 and 27.
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