Source: All England Reporter
Publisher Citation: [2002] All ER (D) 64 (Sep)
Court: Privy Council

Lord Nicholls of Birkenhead, Lord Hope of Craighead, Lord Hutton, Lord Millett and Lord Rodger of Earlsferry

Representation Antonia Fisher and Belinda Clausen-Johns (both of the New Zealand Bar) (instructed by DLA) for the appellants.
  Christopher Hodson QC and Rebecca Scott (both of the New Zealand Bar) (instructed by Herbert Smith) for the respondents.
Judgment Dates: 6 September 2002


New Zealand - Negligence - Exemplary damages - Jurisdiction - Whether claim can only be brought against person who has acted intentionally or been consciously reckless.

The Case

The jurisdiction for claims of exemplary damages should not be restricted to cases of intentional or consciously reckless conduct because it would fail to treat like cases alike and there were no sufficient policy reasons to depart from that principle.

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