Walcroft v P3 Research Limited

[2025] NZHC 2221

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE

CIV-2025-485-209

[2025] NZHC 2221

UNDER

the Declaratory Judgments Act 1908

BETWEEN

JILLIAN LEE WALCROFT

First Plaintiff

PETER GEOFFREY WOODS
Second Plaintiff

AND

P3 RESEARCH LIMITED
First Defendant

MERCK SHARP & DOHME (NEW ZEALAND) LIMITED

Second Defendant

Hearing:

7 August 2025

Counsel:

P W Michalik and G Phipps for First Plaintiff S L Baigent for Second Plaintiff

A H Waalkens KC and M K Henaghan for Second Defendant (via VMR)
P J Dunn for Attorney-General and Accident Compensation Corporation

Judgment:

7 August 2025

RESULTS JUDGMENT OF McQUEEN J

[1]                 The first plaintiff seeks declaratory relief in relation to the ability for participants in commercial clinical trials who suffer personal injury or death as a result of their participation in such trials to sue for damages.

WALCROFT v P3 RESEARCH LIMITED [2025] NZHC 2221 [7 August 2025]

[2]                 For reasons to be given, I am satisfied that the declarations sought by the first plaintiff in her statement of claim, and consented to by the defendants, are appropriate and should be made.1

[3]Accordingly, I make the following declarations:

(a)the bar on proceedings for personal injury or death established by the Accident Compensation Act 2001 does not apply to injuries suffered by participants in commercial clinical trials;

(b)participants in commercial clinical trials who suffer personal injury or death as a result of their participation in such trials are entitled to bring proceedings in court to claim compensation in tort or under any statute applicable to the circumstances; and

(c)in the case of tortious or statutory claims brought by or on behalf of injured participants in commercial clinical trials, the benefits that would have been available under the Accident Compensation Act 2001, if that Act had been applicable, do not limit the amount of compensation the injured party is entitled to recover.

[4]                 The first plaintiff has already filed a memorandum and supporting affidavit in relation to costs in this proceeding. I direct that:

(a)the second defendant is to file and serve a memorandum as to costs by

21 August 2025; and

(b)the first plaintiff is to file any memorandum in reply by 4 September 2025.

1      Mr Dunn appeared at the hearing to advise the Court that neither the Attorney-General nor the Accident Compensation Corporation wished to take an active role in the proceeding (they having been served with the proceeding as earlier directed by the Court). The second plaintiff has filed a notice of discontinuance. I granted leave to Ms Baigent to appear at the hearing on a watching brief basis.

[5]Costs will then be determined on the papers.

McQueen J

Solicitors:

Wotton Kearney, Auckland for Second Defendant Crown Law, Wellington for Attorney-General