High Court Wellington
18, 26 March 1997
Gendall J
18, 26 March 1997
Gendall J
Practice and procedure — Limitation of proceedings — Tort — Assault and battery by sexual violation — Accrual of cause of action — Whether accrual occurred at discoverability of link between harm and the knowledge of harm — Whether accrual occurs on knowledge of consent or lack of consent — Whether accrual based on reasonable discovery test — Whether reasonable discovery test gave necessary recognition of the fact that appellant had been subjected to anal intercourse and that there was no true consent — Meaning of "other reasonable cause" within s 4(7) of Limitation Act 1950 — Meaning of "disability" within s 24 of Limitation Act 1950 — Limitation Act 1950, ss 4(5) and 24.
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