Leslie Norman Austin v Roche Products (New Zealand) Limited - SC 5/2020

A The application for leave to appeal is granted in part (Roche Products (New Zealand) Ltd v Austin [2019] NZCA 660).
B The approved question is whether the applicant’s claim for compensatory damages should have been struck out on the basis that his injuries were not an ordinary consequence of the consumption of Roaccutane.
C The application for leave to appeal is otherwise dismissed.
19 May 2020
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A The appeal will be dismissed one month from the date of this judgment unless the appellant makes an application under s 135 of the Accident Compensation Act 2001 together with an application to this Court for a stay of this proceeding pending completion of that process.
B There is no order as to costs.
31 March 2021
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A This Court’s decision in Austin v Roche Products (New Zealand) Ltd [2021] NZSC 30 is stayed until midday on 6 December 2021, unless the stay is extended in this Court on the application of Mr Austin.
B Any party may seek an order lapsing the stay at any stage.
C Costs are reserved.
16 June 2021