McGougan v DePuy International Ltd - [2017] 2 NZLR 119

Accident compensation — Personal injury — Bar against claims for compensatory damages — Defective hip implants manufactured overseas — Conduct giving rise to cover occurring in foreign jurisdiction — Whether claims for compensatory damages barred by Accident Compensation Act 2001 — Purpose of bar — “Social contract” concept — Whether statutory bar to causes of action or to claims for damages — Territorial scope — Text and purpose of legislation — Legislative history — Sentencing Amendment Act 2014, ss 6 and 32.

Damages — Compensatory — Negligence — Breach of Consumer Guarantees Act 1993 — Manufacturing of faulty hip implants overseas — Personal injury cover under Accident Compensation Act 2001 — Whether claim for compensatory damages barred by Accident Compensation Act — Conduct giving rise to cover occurring in foreign jurisdiction — Exemplary damages — Consumer Guarantees Act 1993.

Tort — Negligence — Compensatory damages — Manufacturing of faulty hip implants in foreign jurisdiction — Place of conduct — Injury sustained in New Zealand — Marketing and distribution in New Zealand.

Conflict of laws — Choice of law — Whether claimed effect of statute exterritorial — Hip implants manufactured overseas — Accident Compensation Act providing cover for injuries — No conflict with interests of foreign jurisdictions — Place of conduct only relevant to choice of law.