New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Negligence and duty of care

  • 19 Feb 2018

    RANSFIELD v CHIEF EXECUTIVE OF THE MINISTRY OF SOCIAL DEVELOPMENT [2018] NZHC 434

    Citation
    [2018] NZHC 434
    Court
    High Court

    The statement of claim did not disclose any reasonably arguable cause of action: no actionable duty of care arose from issuing or renewing Trespass Act notices; misfeasance in public office was not pleaded with necessary allegations of dishonesty/bad faith; claims for consequential losses from delayed benefit payment are inconsistent with the statutory review and appeal scheme under the Social Security Act; accordingly the claim was struck out and the proceeding dismissed.

    • Trespass act notices
    • Misfeasance in public office
    • Negligence and duty of care
    • Consequential loss from benefit non-payment
    • Statutory review and appeal scheme
    • Strike-out test

  • 15 Jun 2012

    COOKE V AUCKLAND CITY COUNCIL COA CA125/2012

    Citation
    COA CA125/2012
    Court
    Court of Appeal

    The appeal was dismissed and the security for costs order of $620 was upheld because the proposed appeal lacked apparent merit, did not raise issues of public importance, and impecuniosity alone did not justify waiving security; accordingly the interests of justice required payment of reduced security within the extended time and the application to adduce further evidence was dismissed.

    • Security for costs
    • Strike out and abuse of process
    • Negligence and duty of care
    • Exemplary damages under accident compensation act
    • Adduction of further evidence on appeal