A v Roman Catholic Archdiocese of Wellington - [2007] 1 NZLR 536

Accident compensation — Cover — Plaintiff formerly in care of orphanage and holiday and foster homes — Claims of abuse — When treatment for mental injury arising from alleged abuse occurred — Whether right to sue for compensatory damages preserved — Limitation Act 1950, s 24.

Equity — Fiduciary relationship — Plaintiff in care of orphanage and holiday and foster homes — Claims of abuse — Whether claims of breach of fiduciary duty provable when claims in negligence failed.

Tort — Negligence — Plaintiff in care of orphanage and holiday and foster homes — Claims of abuse — Whether defendants had duty of care to plaintiff — Whether duties breached — Degree of control over plaintiff — Whether duties akin to optimal parenting could be imposed — Standard of behaviour and care at the time — Whether vicarious liability for alleged abuse by other caregivers — Element of control — Crimes Act 1961, ss 59, 194 and 195.