24 Mar 2010
COUCH V THE ATTORNEY-GENERAL SC 49/2006
- Citation
- COUCH V THE ATTORNEY-GENERAL SC 49/2006
- Court
- Supreme Court
The Supreme Court allowed the appeal: (1) s 317 of the Accident Compensation Act 2001 does not bar standalone claims for exemplary damages; (2) s 86 of the State Sector Act 1988 does not deprive the Crown of tortious liability under s 6(1) of the Crown Proceedings Act; and (3) exemplary damages for negligent infliction of personal injury are available only where the defendant acted intentionally or with subjective recklessness (a conscious appreciation of the risk and deliberate running of that risk). The matter is remitted to the High Court for trial.