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Court of Appeal Wellington
CA 43/02
7, 8, 9 April, 15 July 2003
Blanchard, Tipping, McGrath, Anderson and Glazebrook JJ
CA 43/02
7, 8, 9 April, 15 July 2003
Blanchard, Tipping, McGrath, Anderson and Glazebrook JJ
Accident compensation — Jurisdiction — Whether claim for damages by victim of child abuse barred by accident compensation scheme — Accident Rehabilitation and Compensation Insurance Act 1992, ss 4, 8, 11 and 63.
Tort — Assault and battery — When limitation period begins to run in case of vicarious liability — Whether plaintiff under a disability causing limitation period to be extended — Limitation Act 1950, s 24.
Tort — Vicarious liability — Agency — Whether Crown vicariously liable for negligence by foster parents — Legal characterisation of relationship between Crown and foster parents — Child Welfare Act 1925, ss 7, 12, 13, 16, 19 and 20.
Equity — Fiduciary relationship — Whether breach of fiduciary duty could arise from negligent conduct by fiduciary.
Tort — Vicarious liability — Exemplary damages — Whether exemplary damages available against person only vicariously liable.
Practice and procedure — Limitation — When period begins to run in claims of vicarious liability for tort.