New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Health and disability code

Legal area

Court

22 Mar 2019

RUSSELL v AUCKLAND DISTRICT HEALTH BOARD [2019] NZHC 515

Citation

[2019] NZHC 515
Court

High Court

The claim against the Commissioner is struck out for want of pleaded facts and lack of jurisdiction to grant the remedies sought; the claim against the Board is not struck out insofar as a properly pleaded claim for exemplary damages could be tenable but must be amended to plead deliberate or subjectively reckless conduct by the Board's employees; other broad systemic or declaratory relief sought against the Board is not realistically grantable by this Court.
19 May 2014

XI v HOWICK BAPTIST HEALTHCARE LIMITED trading as AUCKLAND HOME HEALTHCARE [2014] NZHC 1058

Citation

[2014] NZHC 1058
Court

High Court

Summary judgment and strike out were granted for Waitemata DHB because the injured plaintiff's claims for compensatory damages are barred by the Accident Compensation Act 2001; there is no arguable basis for exemplary damages against the DHB; the Code does not enable a High Court action against the DHB as non-provider for the fall; and the secondary plaintiffs failed to plead a recognisable psychiatric disorder as required by van Soest, so their claims are legally untenable against the DHB.