EW  and PW  v Attorney-General - SC 36/2008

Civil Appeal – Appeal directly from High Court – Negligence – whether only nominal damages should be awarded for a breach of duty of care in child welfare cases unless the duty required the defendant to commence proceedings – whether there was a duty to commence proceedings – whether vicarious liability exists where child is placed back with family from whom they have been removed – whether test of causation correctly applied – Limitation Act 1950 – whether reasonable discoverability test should be expanded beyond sexual abuse cases – whether reasonable discoverability and disability tests were correctly applied – whether facts supported a finding of exemplary damages – whether a non-delegable duty of care existed – whether applicants were falsely imprisoned when held in secure units – whether applicants were required to prove a ‘ counter-factual’ to justify an award of damages – whether the ACC legislation barred the applicant’s claims – whether High Court made correct findings of fact – whether exceptional circumstances exist to justify an appeal directly to the Supreme Court.CIV 199-485-85 and CIV 2001 - 485 - 864 Wellington High Court28 November 2008