G v Auckland Hospital Board

G v Auckland Hospital Board [1976] 1 NZLR 638 is a cited case in New Zealand regarding civil damages claims from crime victims being barred under the Accident Compensation Act.[1]

G v Auckland Hospital Board
Coat of arms of New Zealand.svg
CourtHigh Court of New Zealand
Full case nameG v Auckland Hospital Board
Decided28 November 1975
Citation(s)[1976] 1 NZLR 638
Court membership
Judge(s) sittingHenry J
Keywords
negligence

BackgroundEdit

G was raped by an employee of Auckland Hospital whilst she was a patient, and subsequently sued the hospital for damages for the rape.

The hospital defended the claim saying that such a claim was barred under section 5 of the Accident Compensation Act 1972.

G countered that the actions of the staff member were clearly deliberate, and so could not be referred to as an accident.

HeldEdit

The court ruled that the true test was to look at the event from the victim's view, not the other party's view. That being the case, the rape was an accident under the Act, making a damages claim barred under section 5.

Footnote: The date that the offending occurred, 2 April 1974, was unfortunate as it was only 1 day after the Accident Compensation Act [1972] came into force. Had it happened before this date, her claim would not have been legally barred.

ReferencesEdit

  1. ^ McLay, Geoff (2003). Butterworths Student Companion Torts (4th ed.). LexisNexis. ISBN 0-408-71686-X.