19 May 2014
XI v HOWICK BAPTIST HEALTHCARE LIMITED trading as AUCKLAND HOME HEALTHCARE [2014] NZHC 1058
- Citation
- [2014] NZHC 1058
- Court
- High Court
Summary judgment and strike out were granted for Waitemata DHB because the injured plaintiff's claims for compensatory damages are barred by the Accident Compensation Act 2001; there is no arguable basis for exemplary damages against the DHB; the Code does not enable a High Court action against the DHB as non-provider for the fall; and the secondary plaintiffs failed to plead a recognisable psychiatric disorder as required by van Soest, so their claims are legally untenable against the DHB.