IN THE HIGH COURT OF NEW ZEALAND MASTERTON REGISTRY
I TE KŌTI MATUA O AOTEAROA WHAKAORIORI ROHE
CIV-2024-435-19
[2025] NZHC 707
UNDER the Contributory Negligence Act 1947 BETWEEN
LEON SHEERAN
Plaintiff
AND
MASTERTON DISTRICT COUNCIL
Defendant
Hearing: 17 March 2025 Appearances:
Plaintiff In Person
N Chapman and L Goodwin for Defendant
Judgment:
31 March 2025
JUDGMENT OF ASSOCIATE JUDGE SKELTON
Introduction
[1] The plaintiff in this proceeding, Mr Leon Sheeran, has brought a claim against the Masterton District Council (the Council) in relation to an injury he suffered to his tailbone when he fell off a council-owned swing in 2019. In the application before me, the Council applies for an order dismissing the claim for lack of jurisdiction or to have it struck out.
Background and Procedural History
[2] Mr Sheeran contends that, whilst he was on a swing at Margaret Street Reserve in Masterton on 7 December 2019, the chain snapped. He claims that the resulting injury was dorsal subluxation of his coccyx, which he submits has had a significant impact on his ability to work as a truck driver and produced related mental health
SHEERAN v MASTERTON DISTRICT COUNCIL [2025] NZHC 707 [31 March 2025]
challenges. I understand from the plaintiff’s medical records put before the Court that his injury was covered by the accident compensation scheme.
[3] In respect of that incident, Mr Sheeran filed a notice of proceeding and statement of claim detailing causes of action purportedly under the Contributory Negligence Act 1947 on 6 August 2024. The statement of claim also alleges breaches of duties owed under the Local Government Act 2002. His original statement of claim sought $1,750,000 in compensation for future lost earnings. He also sought costs.
[4] Following correspondence between the parties, the Council filed an appearance under protest to jurisdiction as per r. 5.49 of the High Court Rules 2016 (HCR) on 24 September 2024. The Council contended the claim was for compensation for personal injury and therefore barred by s 317 of the Accident Compensation Act 2001 (the Act). On 4 October 2024, the Council then filed an application seeking that either the plaintiff’s claim be dismissed for lack of jurisdiction or struck out. Additionally, the Council sought costs. Mr Sheeran opposed these applications.
[5] In my minute of 4 December 2024 (the December Minute), I noted Mr Sheeran’s indication in his submissions that he intended to pursue a claim for exemplary damages under s 319 of the Act.1 I indicated my view that Mr Sheeran, as a self-represented litigant, should be given the opportunity to amend his statement of claim accordingly.2
[6] Mr Sheeran has filed an amended statement of claim dated 31 January 2025. The claim is still stated to be under the Contributory Negligence Act. The amended claim continues to allege negligent breach of various provisions of the Local Government Act3 by failing to adequately maintain the swings in the reserve to an acceptable standard causing damage to Mr Sheeran. He claims loss of future earnings and…
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- Case
- [2025] NZHC 707
- Decision Date
CaseChat Overview and Summary
The court found that the claim was barred by section 317 of the Accident Compensation Act, as it arose from a personal injury covered by the Act. The court held that the Act precludes claims for compensatory damages for personal injury, regardless of how the claim is characterised. The court also found that Mr Sheeran did not have a reasonably arguable claim for exemplary damages, as the Council did not consciously appreciate the risk posed by the swing and proceed deliberately and outrageously to run that risk. The court noted that exemplary damages can only be awarded for harm done to the plaintiff, not for harm to the community.
The court granted the Council’s application for dismissal of the claim for lack of jurisdiction and struck out any potential claim for exemplary damages. The court also considered the costs, noting that the defendant was successful but taking into account the plaintiff’s status as a litigant in person. The court directed the parties to endeavour to agree on costs, with a possibility of modest uplift, and to file memoranda if agreement could not be reached.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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