Full case name Rawlinson v Rice End date March 19, 1997 | Decided 19 March 1997 | |
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Citation(s) [1997] 2 NZLR 651, [1998] 1 NZLR 454 Judge(s) sitting McKay, Barker and Tipping J Ruling court Court of Appeal of New Zealand | ||
Rawlinson v Rice [1997] 2 NZLR 651, [1998] 1 NZLR 454 is a cited case in New Zealand regarding claims in tort for misfeasance in public office.
Contents
Background
District Court Judge Rice issued a non molestation order against Rawlinson, against his protestations that the law required for him to be living with the complainant, which he wasn't. Rawlinson was later proven right on court, and had the order quashed.
Rawlinson then sued the judge for misfeasance. At the time, whilst High Court judges had immunity for such conduct, District Court judges did not.
Held
The Court of Appeal sitting as a bench of five, said he was not legally barred from pursuing his claim.
Footnote: Section 119 of the District Court Act now extends immunity to District Court judges as well.
References
Rawlinson v Rice Wikipedia(Text) CC BY-SA