Court of Appeal Wellington
5, 6 August; 12 September 1991
Cooke P, Casey, Hardie Boys, McKay and McGechan JJ
5, 6 August; 12 September 1991
Cooke P, Casey, Hardie Boys, McKay and McGechan JJ
Accident compensation — Jurisdiction — Industrial disease — Mesothelioma (cancer caused by exposure to asbestos) - Whether plaintiff covered under Accident Compensation Act — Whether disease "due to the nature of any employment in which the person was employed as an earner during a period that . . ." - Whether period of employment restricted to that part of the period of the person's employment which gave rise to the disease — Whether question should be referred back to Accident Compensation Corporation — Accident Compensation Act 1982, ss 27(1), (3), (4) and 28(1).
Statutes — Interpretation — Natural and ordinary meaning of words — Whether strict grammatical meaning should yield to sufficiently obvious purpose of Statutes Act — Context of words — Legislation in pari materia — Whether extrinsic material should be considered — Accident Compensation Act 1982, s 28(1).
Damages — Exemplary — Observations as to when exemplary damages available or not available.
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