28 Apr 2023
CHRISTOPHER RYAN v HEALTH AND DISABILITY COMMISSIONER [2023] NZSC 42
- Citation
- [2023] NZSC 42
- Court
- Supreme Court
The Supreme Court held the Moore Street Medical Centre was a partnership and that Dr Sparks, when consulting and prescribing to the complainant, was acting as an agent of the Medical Centre in satisfying its obligation to provide medical services; accordingly, under s72(3) HDC Act the acts of Dr Sparks are to be treated as done by the employing authority and the Medical Centre is liable for the breaches of the Code by Dr Sparks. The without authority proviso does not require prior express authorisation of the particular wrongful act but excludes attribution where the act was done without the…