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词条 Re Chase
释义

  1. Background

  2. Held

  3. References

{{orphan|date=April 2015}}{{Infobox court case
| name = Re Chase
| court = Court of Appeal of New Zealand
| date_filed =
|image =Coat of arms of New Zealand.svg
|imagesize = 200px
| date decided = 22 September 1988
| full name = Public Trustee as administrator of the estate of Paul Chase, deceased v The Attorney-General sued on behalf of the Police
| citations = [1989] 1 NZLR 325
| judges = Cooke P, Somers J, Henry J
| prior actions =
| subsequent actions =
| opinions =
| transcripts =
| Keywords =
}}Re Chase [1989] 1 NZLR 325 is a cited case regarding civil claims being barred by ACC.[1]

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

References

1. ^{{cite book |title=Butterworths Student Companion Torts |edition=4th |last1=McLay |first1=Geoff |publisher=LexisNexis |ISBN=0-408-71686-X|year=2003 |page=}}

3 : Court of Appeal of New Zealand cases|New Zealand tort case law|1988 in New Zealand law

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