11 Aug 2015
MACKENZIE v ATTORNEY-GENERAL [2015] NZHC 1876
- Citation
- [2015] NZHC 1876
- Court
- High Court
The Attorney-General is the appropriate defendant where no government department or officer can be sued; accrual of the tort claim occurred on removal of the organ (occurrence-based), and at the latest by 21 March 2005 when plaintiff was informed the valve was retrieved; the six-year limitation expired before filing and s28(b) did not postpone accrual sufficiently to save the claim, so the proceeding is statute-barred and properly struck out.