W and W v The Attorney-General - SC 48/2010

Civil Appeal – Duty of Care and Limitation Act 1950 – State liability claim for historic abuse while appellants under social welfare supervision and in institutional care – Whether Court of Appeal erred in application of legal test for disability under Limitation Act – Whether limitation test of reasonable discoverability of harm too restrictive and inconsistent with precedent/international law – Whether test of reasonable discoverability should apply more widely than cases of sexual abuse cases – Whether reasonable discoverability requires recognition by complainant that assault wrongful/actionable – Whether Court of Appeal further erred in law as to: causation and material contribution to harm of vulnerable persons; scope of duty of care by Department and/or social workers; false imprisonment – Whether facts support an award of exemplary damages directly or vicariously or a finding of non-delegable duty of care.[2010] NZCA 139  CA 714/2007  23 April 2010