Decided 22 September 1988 End date September 22, 1988 | Citation(s) [1989] 1 NZLR 325 | |
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Full case name Public Trustee as administrator of the estate of Paul Chase, deceased v The Attorney-General sued on behalf of the Police Ruling court Court of Appeal of New Zealand Judge sittings Robin Cooke, Baron Cooke of Thorndon, Edward Somers, John Henry | ||
Re Chase [1989] 1 NZLR 325 is a cited case regarding civil claims being barred by ACC.
Contents
Background
Chase was a member of the Black Power gang, and he was with a fellow gang member whom shot a rival gang member.
Fearing retaliation from the other gang, Chase barricaded himself in his house.
As the result of Chase being involved in a gang related shooting, and suspecting he might be armed, the police arranged a dawn entry into his apartment by armed police.
Being startled, Chase thought a rival gang was trying to break into his house, and to defend himself, he approached the police with a weight bar, which the armed officers mistook for a gun barrel and shot him dead.
Barred by ACC law in suing for damages, his estate sued for exemplary damages.
Held
The court refused to award damages