Donselaar v Donselaar: 1982

(Court of Appeal – New Zealand) The plaintiff sued for exemplary damages for assault and battery alleged to have caused physical injury, indignity, mental suffering, disgrace and humiliation. The defendant had been charged with assault in a Magistrate’s Court but the charge had been dismissed. The defendant did not rely upon the fact that he had already been prosecuted. Instead, he submitted that all claims for damages for personal injury were excluded by the terms of the Accident Compensation Act 1972.
Held: The Act excluded only claims for compensatory damages.


[1982] 1 NZLR 97


England and Wales

Cited by:

CitedW v W; J v Raewyn Bell PC 19-Jan-1999
PC (New Zealand) The claimants sught to recover exemplary damages from defendants convicted of criminal offences against them.
Held: There were differences in the system between New Zealand and the English . .
Lists of cited by and citing cases may be incomplete.


Updated: 07 May 2022; Ref: scu.237242