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CIVIL LAW

Punitive Damages

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This site deals with the kinds of damages that you can claim in our Civil Courts.

 

We will deal with the concept of Special Damages, General Compensatory Damages, Aggravated Damages, Punitive Damages and Exemplary Damages.

 

You need to know the clear difference between these kinds of damages and the circumstances in which you can claim them.

 

When you make a claim in Court, you might be seeking an order for a variety of things.

 

You might be seeking an Injunction to prevent somebody from doing something.

 

You might be seeking the return of a chattel or a motor vehicle.

 

In the Family Court you might be seeking a number of orders in relation to access or custody or paternity.

 

But in the majority of cases you will likely be seeking an award of damages to compensate you for some loss suffered as a result of the actions of so

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"I found this interesting. I want to sue for punitive damages and I was interested to learn that our courts are pretty conservative. I think the Welfare have quite wrongly taken my kids and I have found out that the affidavit they gave to a Judge to get an order to uplift them was known to the Welfare to be incorrect. They told the Judge that I had drug convictions but when I found out 5 months ago that they thought that I proved then to them that this was untrue yet I have now found that they have still put this false evidence in an affidavit. But they have also told other people about my "drug convictions". You have to watch these people. (name witheld) - May 2007"
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"Hi to Netlaw. I found this a useful overview. I went to the ACC website and found it too difficult to follow. Jim (Dunedin)

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"I found all these contract topics interesting and helpful. JD. Napier December 2006"
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"It's not fair that when you win a case you still have to beg a judge to award you costs and even then the award is always less than you have to pay your lawyer. This happened to me. My lawyer told me that there's always two sides to a story but the judge didn't recognise any validity in the other side's claim yet the nett result is that I recover only about 60% of my costs to my lawyer and the other 40% is about half of what I won in the case. That isn't justice. A real pissed off Kevin J. - Auckland - June 2007"
"NETLAW replies. Yes, we agree. What you need to do in these cases is make an Application for "Full and Reasonable Costs" and argue that the Court should (it can) make a full award. You need to convince a Judge that the other side never really has a chance of winning and that it is unfair that you should have to pay any costs. That is the way it is in the UK and Australia. But in New Zealand, it is usually only a percentage of the costs that you get back. That is unfair in many many cases. NETLAW - June 2007"
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"I am a retired Solicitor from Kent in England and the $45 I spent on your site was really helpful because I am intending settling in New Zealand and your "one stop shop" was a real boon to me. Thanks again. Arnold T. Devon, England"
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"I got so much from this site. You are right. It is better to "upskill" myself first before paying megabucks to a lawyer just to get an opinion.

I liked access to the case law and the real life submissions. Tim Shadbolt's case was a dag. How much did he get? Bud. Auckland

Thanks a lot . . . Max (Devonport)"

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"Great. See the other topics on Statement of Claim -Some Examples - Graeme - Tauranga"
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"A fun topic. I can remember when I was a lawyer's secretary. He had a wee figurine of a barrister on his desk with a sign on it saying "Sue The Bastards" but, then, he should know because he was a bastard too, but a very good lawyer. (name withheld)"
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