Taylor v Roper - [2025] 2 NZLR 209

Evidence — Admission after trial — Principles — Similar to admission on appeal — Fresh, credible and cogent — Balance interest of parties and public interest — Put best case forward at trial — No exceptional circumstances — Not in the interest of justice — Evidence relevant but not cogent — Accounts given evidence — No satisfactory explanation not adduced at trial — Deliberate and strategic decision — Not fresh — Risk of reopening entire trial.

Exemplary damages — Not available for vicarious liability — Punish wrong person — Should not circumvent Accident Compensation scheme.

Crown liability — Must be vicarious — Not direct — Causes of action cannot succeed — Crown Proceedings Act 1950 s 6(1)(a).

Crown liability — Even if duty as ‘employer’ — No evidence of breach — No exemplary damages — High threshold — Not intentional and outrageous conduct — Not subjective and outrageous recklessness — No deliberate decision to run a known risk — Not meet objective of deterrence — Significant changes — Nothing in conduct of case to justify.