12 Aug 1994
XYZ v Accident Rehabilitation and Compensation Insurance Corporation
- Citation
- [1994] NZACC 39
- Court
- District Court
On the balance of probabilities the appellant was stripped and beaten around the genital area and on the bottom while a patient in Porirua Hospital (1954-1959); those assaults, judged by ordinary New Zealand standards of the period, were indecent; therefore the appeal is allowed and the Corporation must treat the claim on the basis that indecent assaults occurred, with causation and severity to be determined by the Corporation.