Council Recovers Legal Costs After $2.4 Million Claim Dismissed

A recent court ruling brings closure to a long-running case involving a local council and a playground injury. In late 2019, Leon Sheeran suffered a tailbone injury when a swing chain broke at the Margaret Street Reserve in Masterton. Although the injury was covered by ACC, Sheeran later sued Masterton District Council for $2.4 million, alleging that the council failed to meet its responsibilities under the Local Government Act by neglecting maintenance duties. 

The court dismissed the claim, citing that the Accident Compensation Act prohibits suing for personal injury in such cases. The council had sought nearly $43,000 to cover its legal expenses. However, Judge Andrew Skelton awarded a reduced sum of approximately $20,000 in costs. He rejected a request by Sheeran to delay payment while appealing, reasoning that any hold-up would unfairly burden both the council and its ratepayers.

The judge noted that Sheeran was repeatedly informed, by the council’s lawyers and the court, that his claim was legally barred, yet he continued. He also failed to follow guidance to seek legal advice, or to consider alternative forms of claim such as exemplary damages, which might have been more appropriate or viable. 

Read the original article by RNZ here