14 May 2012
CAMBRIDGE PHYSIOTHERAPY SERVICES LIMITED V ACCIDENT COMPENSATION CORPORATION HC HAM CIV 2010-419-1250
- Citation
- openlaw-eabb5b0b_aa44_49ac_b9e4_0be53926502c.pdf
- Court
- High Court
Objectively the 6 September 2005 letter was an invitation to pursue accreditation and not an irrevocable offer creating a binding process contract; ACC retained discretion to assess whether an applicant would comply with EPN obligations and to defer decision pending investigation; Karen Mole acted within her statutory and contractual powers, without intent or knowledge that her lawful actions were likely to cause the claimed loss, so misfeasance was not established; therefore both causes of action fail and defendants are entitled to judgment.