Supreme Court of New Zealand
13 June 2008
MEDIA RELEASE – FOR IMMEDIATE PUBLICATION
SUSAN COUCH v ATTORNEY GENERAL
(SC 49/2006)
[2008] NZSC 45
PRESS SUMMARY
This summary is provided to assist in the understanding of the Court’s judgment. It does not comprise part of the
reasons for that judgment.
The full judgment with reasons is the only authoritative document. The full text of the judgment and reasons can be
found at www.courtsofnz.govt.nz.
The appellant, Ms Couch, was seriously injured by William Bell while he was on parole. She claims that the Department of
Corrections was negligent in the way it administered Bell’s parole conditions and that this negligence caused the
injuries she suffered. Her claim seeks exemplary damages.
The Court of Appeal, by a majority, ordered that Ms Couch’s claim be struck out as untenable in law. On this appeal to
the Supreme Court, the Court has formally ordered that the appeal be adjourned to enable the parties to address
questions relating to exemplary damages which were not able, for time reasons, to be considered at the hearing. The
Supreme Court has, however, indicated that, subject to any further submissions the parties may wish to make on that
subject, Ms Couch’s appeal against the striking out of her claim will be allowed.
The Court has held that it is premature to strike the claim out and, subject to any further submissions on the question
of exemplary damages, the case should be allowed to go to trial before any final decision is made on whether the
Department of Corrections can in law be liable for exemplary damages on account of the injuries Ms Couch sustained at
the hands of Bell.
ENDS