| NOTE: HIGH COURT ORDER PROHIBITING PUBLICATION OF NAME, ADDRESS OR IDENTIFYING PARTICULARS OF THE WITNESS IDENTIFIED IN [13], [64] AND [65] OF THE JUDGMENT IN [2018] NZHC 2330 REMAINS IN FORCE. |
| IN THE SUPREME COURT OF NEW ZEALAND I TE KŌTI MANA NUI O AOTEAROA |
| SC 16/2022 [2023] NZSC 49 |
| BETWEEN | ROBERT ROPER |
| AND | MARIYA ANN TAYLOR |
| ATTORNEY-GENERAL Second Respondent |
| SC 23/2022 | ||
| BETWEEN | ATTORNEY-GENERAL | |
| AND | MARIYA ANN TAYLOR | |
| ROBERT ROPER Second Respondent | ||
| Hearing: | 5 October 2022 |
Court: | Winkelmann CJ, Glazebrook, O’Regan, Williams and William Young JJ |
Counsel: | J F Mather and L M Herbke for Appellant (SC 16/2022) and Second Respondent (SC 23/2022) |
Judgment: | 12 May 2023 |
JUDGMENT OF THE COURT
AThe appeal is allowed. We uphold the conclusion of the High Court Judge dismissing the claim by Ms Taylor for compensatory damages in relation to false imprisonment.
B The cross appeal is dismissed.
C Costs are reserved.
____________________________________________________________________
REASONS
(Given by Glazebrook and William Young JJ)
Table of Contents
| Para No | |
| Overview | [1] |
| Factual background | [3] |
| Procedural history | [6] |
| High Court judgment | [6] |
| Court of Appeal (first decision) | [16] |
| First leave decision of this Court | [26] |
| Court of Appeal recall and reissue decision | [30] |
| Second leave decision of this Court | [31] |
| Legislative history | [33] |
| The cross appeal | [42] |
| Ms Taylor’s submissions | [43] |
| Position of the Attorney-General and Mr Roper | [45] |
| Our assessment | [46] |
| The appeal | [52] |
| Submissions of the parties | [54] |
| Submissions of Mr Roper and the Attorney-General | [54] |
| Submissions of Ms Taylor | [56] |
| Damages for false imprisonment | [57] |
| Effect of s 317 | [58] |
| Willis | [64] |
| Conclusion | [71] |
| Section 21B | [72] |
| Relevant requirements of s 21B | [73] |
| Court of Appeal decision | [76] |
| Legislative history of s 21B | [83] |
| Section 21B – general comments | [88] |
| Meaning of “sudden” | [91] |
| Were the episodes of false imprisonment a gradual process? | [98] |
| Were the instances of false imprisonment under the extended definition at s 21B(7)(b)? | [99] |
| Were the episodes of false imprisonment a single event which caused the mental injury? | [101] |
| Conclusion | [103] |
| Result | [104] |
| Appendix: relevant legislation | [107] |
| 1982 ACC Act | [107] |
| 1992 ACC Act | [108] |
| 2001 ACC Act | [111] |
Overview
Ms Taylor seeks compensation for post-traumatic stress disorder (PTSD) caused by Mr Roper sexually assaulting and falsely imprisoning her in the late 1980s while both were employed by the Royal New Zealand Air Force (RNZAF). On the evidence, her PTSD developed shortly afterwards, albeit that it was not diagnosed until much later and not linked to the assaults until 2015.
The issues in the appeal[1] and cross appeal to this Court relate to the effect of the accident compensation scheme on Ms Taylor’s claim. The relevant legislative provisions are set out in the Appendix to this judgment.
Factual background
[1]“The appeal” should be read as referring to both SC 16/2022 and SC 23/2022.
Continue reading Roper v Taylor
Sign in free to access the full text
- AGLC
- Roper v Taylor [2023] NZSC 49
- Case
- [2023] NZSC 49
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.