High Court Wellington
12 February; 3 March 1998
Giles J
12 February; 3 March 1998
Giles J
Practice and procedure — Trial — Claim for exemplary damages for sexual abuse by a teacher against former students — Convicted and sentenced to a term of imprisonment — Whether teacher, principal and senior mistress employed by the Ministry of Education — Whether Attorney-General vicariously liable in exemplary damages for the offending by teacher — Whether principal, senior mistress and Board of Trustees grossly negligent — Whether all defendants liable for exemplary damages — Whether proceedings should be tried before a Judge and jury or a Judge alone — Judicature Act 1908, s 19A.
Practice and procedure — Limitation of proceedings — Teacher convicted of sexual offending against plaintiffs between 1979 and 1983 — Claim for exemplary damages — Claim time-barred unless leave granted to proceed out of time with the claim — Whether leave should be granted — Limitation Act 1950, s 4(7).
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