Date: Sun, 15 Jun 2008 21:19

From: Rosemary Tobin

Subject: Couch v AG

Colleagues may be interested in a rather disturbing and unsatisfactory decision from the Supreme Court of New Zealand - Susan Couch v AG [2008] NZSC 45.

The question was whether the Probation Service might owe a duty of care to the victim of a criminal assault by a parolee under its supervision. (The Court unanimously decided it might.) It was a strike out application but some of the comments in the decision of Elias CJ and Anderson J come close to saying a duty could be owed to the world at large. As Susan Couch was covered for her severe injuries by NZ's accident compensation scheme any claim is for exemplary damages only. The other three judges, Tipping, McGrath and Blanchard JJ are rather more circumspect and would more closely circumscribe any duty.

Rosemary Tobin

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