Susan Couch v The Attorney-General - SC 49/2006

Media releases

sc 49 2006 susan couch v the attorney general press release (PDF 94 KB)

Summary

Civil – appeal against Court of Appeal judgment, striking out claims for misfeasance in public office and negligence – applicant surviving victim of attack in 2001 on Panmure RSA – Department of Corrections acknowledged errors undoubtedly occurred in the handling of attacker’s case – Attorney-General sued on behalf of Department of Corrections – whether Court of Appeal erred in striking out claim for negligence – applicant claiming assailant should not have been allowed or encouraged to work in an ‘inappropriate industry’ – whether Department of Corrections should have better monitored assailant – whether Court of Appeal erred in striking out claim for misfeasance in public office – whether restriction has been placed on state of mind requirement of misfeasance. CA 238/05 17 May 2006

Result

Leave to appeal is granted.
The approved ground is whether the cause of action based on negligence was correctly struck out.
1 September 2006
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Appeal allowed. Order of the Court of Appeal is set aside and the proceedings are remitted to the High Court for hearing. Respondent to pay to the appellant costs of $27,5000 together with reasonable disbursements. Costs in the lower Courts to be fixed.
24 March 2010