Donselaar v Donselaar
| Jurisdiction | New Zealand |
| Date | 1982 |
| Court | Court of Appeal |
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19 cases
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Roderick Cunningham v Attorney General for Jamaica and Others
...in Vorvis v Insurance Corp of British Columbia (1989) 1 SCR 1085 at 1104–1106; in New Zealand in Taylor v Beare 1982 1 NZLR 81 and Donselaar v Donselaar [1982] 1 NZLR 97 CA, in Australia in Uren v John Fairfax and sons Pty Ltd [1966] 117 CLR 118 all affirmed the rejection of the closed cate......
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Couch v The Attorney-General
...Beere [1982] 1 NZLR 81 (CA) at 85 per Cooke J; at 90 per Richardson J; and at 95 per Somers J; see also Cooke J in Donselaar v Donselaar [1982] 1 NZLR 97 (CA) at 7 See Tipping J at [100]–[101]. 8 At [173]. 9 Although this case concerns personal injury, as other members of the Court acknowle......
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"A" v Michael Bernard Bottrill
...to mark in this way "the contumelious disregard by the defendant of the plaintiff's rights". In the contemporaneous judgment in Donselaar v Donselaar [1982] 1 NZLR 97, a case of assault, Richardson J at page 109 expressed himself similarly: exemplary damages are awarded because of the "outr......
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McGougan and Dingle v Depuy International Ltd
...at [25]. 23 Torts and General Law Reform Committee Products Liability (March 1974) at 3–4 (footnotes omitted). 24 Donselaar v Donselaar [1982] 1 NZLR 97 25 At 109 per Richardson J and 116 per Somers J. 26 Couch v Attorney-General (No 2) [2010] NZSC 27, [2010] 3 NZLR 149 at [86]. 27 At [89]......
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1 firm's commentaries
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High Court reaffirms New Zealand's stance on suing for personal injury
...its predecessors have been considered in some detail in previous cases, including the following (at [26]-[31]): Donselaar v Donselaar [1982] 1 NZLR 97 (CA): The Court here concluded that the bar is s 5(1) of the Accident Compensation Act 1972 did not prevent a claim for exemplary damages be......
2 books & journal articles
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Misfeasance in public office: a very peculiar tort.
...('Kuddus'). (75) Watkins [2006] 2 AC 395, 408-9 [26] (Lord Bingham). New Zealand does not require material damage: Donselaar v Donselaar [1982] 1 NZLR 97, 109 (Richardson J), 115 (Somers (76) Fernando v Commonwealth [No 4] (2010) 276 ALR 586 is an exception. (77) Giving the leading judgment......
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Mind Over Matter: A Case for Reforming New Zealand's Accident Compensation Law Concerning Work-Related Psychological Injury
...[Woodhouse Report] (1967) at 48. 27 The Woodhouse Report, above n 26. 28 Accident Compensation Act 2001, s 3. 29 Donselaar v Donselaar [1982] 1 NZLR 97 at 11. 30 Royal Commission of Inquiry, above n 26, (emphasis added) at 48. 31 At 40. 32 Accident Compensation Corporation Accident Rehabili......