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Donselaar V. Donselaar
''Donselaar v Donselaar'' 9821 NZLR 97 is an often cited case in New Zealand regarding the legal issue of exemplary damages which held that although the ACC law prohibits damages for compensation, it does not exclude liability for punitive damages (exemplary damages). Background The Donselaar family had a long running family dispute, culminating in John Donselaar trespassing on his brother Andrew's property. Not happy with his brother's trespass, Andrew hit his brother over the head with a hammer. As a result, John sued Andrew for damages for this assault. As section 5 of the Accident Compensation Act 972prohibits suing for damages for physical injury, John sued for exemplary damages for the hammer attack. Decision The court ruled that the Accident Compensation Act 972did not prohibit damages for exemplary damages. However the court rules that it was the conduct of the defendant was the deciding factor on whether special punishment of exemplary damages should be awarded, a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal Of New Zealand
The Court of Appeal of New Zealand is the principal intermediate appellate court of New Zealand. It is also the final appellate court for a number of matters. In practice, most appeals are resolved at this intermediate appellate level, rather than in the Supreme Court. The Court of Appeal has existed as a separate court since 1862 but, until 1957, it was composed of judges of the High Court sitting periodically in panels. In 1957 the Court of Appeal was reconstituted as a permanent court separate from the High Court. It is located in Wellington. The Court and its work The President and nine other permanent appellate judges constitute the full-time working membership of the Court of Appeal. The court sits in panels of five judges and three judges, depending on the nature and wider significance of the particular case. A considerable number of three-judge cases are heard by Divisional Courts consisting of one permanent Court of Appeal judge and two High Court judges seconde ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Robin Cooke
Robin Brunskill Cooke, Baron Cooke of Thorndon (9 May 1926 – 30 August 2006) was a New Zealand judge and later a British Law Lord and member of the Judicial Committee of the Privy Council. He is widely considered one of New Zealand's most influential jurists, and is the only New Zealand judge to have sat in the House of Lords. He was a Non-Permanent Judge of the Court of Final Appeal of Hong Kong from 1997 to 2006. Early life and education The son of the Supreme Court judge, Justice Philip Brunskill Cooke and his wife, Valmai, Lord Cooke was born in Wellington and attended Wanganui Collegiate School. He graduated with an LL.M. from Victoria University College, and subsequently studied at Clare College, Cambridge as a Research Fellow. While on a travelling scholarship, Lord Cooke was awarded an MA in 1954 from Gonville and Caius College, Cambridge and subsequently a PhD in 1955. In 1952, he married Annette Miller, with whom he had three sons. One of their sons, Franci ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ivor Richardson
Sir Ivor Lloyd Morgan Richardson (24 May 1930 – 29 December 2014) was an eminent New Zealand and Commonwealth jurist and legal writer and a member of the Judicial Committee of the Privy Council. Education He was a student at Timaru Boys' High School, Timaru, New Zealand. He graduated from Canterbury University College (now the University of Canterbury), Christchurch, in 1949 with an LL.B. degree. He went on to study at the University of Michigan in the United States, from where he graduated with an LL.M. degree and an SJD degree. Career Richardson was a partner in the Invercargill firm of Macalister Brothers from 1957 to 1963. From 1963 to 1966, he was Crown Counsel in the Crown Law Office in Wellington. He then joined the Victoria University of Wellington. He was Professor of Law, between 1967 and 1973, during which period he served as Dean of the Law Faculty from 1968 to 1971. After a period back in public practice in Wellington he was appointed as a judge in the High ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Edward Somers
Sir Edward Jonathan Somers (9 September 1928 – 3 June 2002) was a New Zealand jurist and member of the Privy Council. Biography Somers was born in Christchurch in 1928, and was educated at Christ's College and the University of Canterbury, where he gained a Bachelor of Arts and a Bachelor of Laws. In 1952, Somers became engaged to Mollie Louise Morison, and they later married and went on to have three children. Somers practised as a barrister and solicitor between 1952 and 1971, and solely as a barrister thereafter. In 1973, he was appointed Queen's Counsel, and the following year he became a judge of the Supreme Court (now High Court). He was appointed a judge of the Court of Appeal in 1981, a role from which he retired in 1990.Sir Edward Somers . Bloody Sunday Trust. Retrieved 18 May 2013. In 1981, he was also appointed ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Exemplary Damages
Punitive damages, or exemplary damages, are damages assessed in order to punish the defendant for outrageous conduct and/or to reform or deter the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit. Although the purpose of punitive damages is not to compensate the plaintiff, the plaintiff will receive all or some of the punitive damages in award. Punitive damages are often awarded if compensatory damages are deemed an inadequate remedy. The court may impose them to prevent undercompensation of plaintiffs and to allow redress for undetectable torts and taking some strain away from the criminal justice system. Punitive damages are most important for violations of the law that are hard to detect. However, punitive damages awarded under court systems that recognize them may be difficult to enforce in jurisdictions that do not recognize them. For example, punitive damages awarded to one party in a US case would be difficult to get recogn ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal Of New Zealand Cases
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law. In both common law and civil law legal systems, courts are the central means for dispute resolution, and it is generally understood that all people have an ability to bring their claims before a court. Similarly, the rights of those accused of a crime include the right to present a defense before a court. The system of courts that interprets and applies the law is collectively known as the judiciary. The place where a court sits is known as a venue. The room where court proceedings occur is known as a courtroom, and the building as a courthouse; court facilities range from simple and very small facilities in rural communities to large complex facilities in urban communities. The practical authority given t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New Zealand Tort Case Law
New is an adjective referring to something recently made, discovered, or created. New or NEW may refer to: Music * New, singer of K-pop group The Boyz (South Korean band), The Boyz Albums and EPs * New (album), ''New'' (album), by Paul McCartney, 2013 * New (EP), ''New'' (EP), by Regurgitator, 1995 Songs * New (Daya song), "New" (Daya song), 2017 * New (Paul McCartney song), "New" (Paul McCartney song), 2013 * New (No Doubt song), "New" (No Doubt song), 1999 *"new", by Loona from ''Yves (single album), Yves'', 2017 *"The New", by Interpol from ''Turn On the Bright Lights'', 2002 Acronyms * Net economic welfare, a proposed macroeconomic indicator * Net explosive weight, also known as net explosive quantity * Network of enlightened Women, a conservative university women's organization * Next Entertainment World, a South Korean film distribution company Identification codes * Nepal Bhasa language ISO 639 language code * New Century Financial Corporation (NYSE stock abbreviation ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1982 In Case Law
__NOTOC__ Year 198 (CXCVIII) was a common year starting on Sunday (link will display the full calendar) of the Julian calendar. At the time, it was known as the Year of the Consulship of Sergius and Gallus (or, less frequently, year 951 '' Ab urbe condita''). The denomination 198 for this year has been used since the early medieval period, when the Anno Domini calendar era became the prevalent method in Europe for naming years. Events By place Roman Empire *January 28 **Publius Septimius Geta, son of Septimius Severus, receives the title of Caesar. **Caracalla, son of Septimius Severus, is given the title of Augustus. China *Winter – Battle of Xiapi: The allied armies led by Cao Cao and Liu Bei defeat Lü Bu; afterward Cao Cao has him executed. By topic Religion * Marcus I succeeds Olympianus as Patriarch of Constantinople (until 211). Births * Lu Kai (or Jingfeng), Chinese official and general (d. 269) * Quan Cong, Chinese general and advisor (d. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
