16 Sept 2011
ATTORNEY-GENERAL v CHAPMAN SC 120/2009
- Citation
- ATTORNEY-GENERAL v CHAPMAN SC 120/2009
- Court
- Supreme Court
By majority the Supreme Court allowed the Attorney-General's appeal: the public law damages remedy recognised in Baigent for breaches of the Bill of Rights Act does not extend to breaches caused by acts of the judicial branch where effective remedy can be provided within the judicial process; judicial independence, finality of litigation and the institutional requirements of the judiciary justify excluding judicial-attributable breaches from the Baigent remedy and preclude a direct claim against the State in this context; the appeal is allowed and the matter remitted to the High Court.