H v R - [1996] 1 NZLR 299

Practice and procedure — Limitation of proceedings — Claim for compensatory and exemplary damages for sexual abuse — Tortious battery and breach of fiduciary relationship causes of action — Accrual of cause of action — "Bodily injury" — "Nervous shock" — "Consent" — Whether psychological damage was or reasonably should have been identified and linked to the cause of the same — Reasonable discoverability — Laches — Limitation Act 1950, ss 4 and 24.

Practice and procedure — Judgments and orders — Declaration — Sexual abuse — Battery — Observation as to availability of proceedings for declaration that wrong committed and for an order for costs — Observations as to Limitation Act being a bar to remedy but not to underlying cause of action — Declaratory Judgments Act 1908.

Practice and procedure — Costs — Novel claim — Award for scale costs inappropriate — Appropriate order for payment of costs.

Damages — Exemplary — Sexual abuse — Battery — Whether exemplary damages available.

Tort — Battery — Sexual abuse — "Consent" — Whether absence of consent element of cause of action or defence — Burden of proof — Accrual of cause of action — Exemplary damages.

Equity — Fiduciary relationship — Sexual abuse — Observation as to whether action for breach of fiduciary duty appropriate.