The Supreme Court has cleared the way for Susan Couch, who was left for dead by triple murderer William Bell during a rampage at the Mt Wellington-Panmure RSA in Auckland, to continue seeking damages from the Corrections Department.
In June 2008 the High Court granted Ms Couch leave to sue Corrections for damages on the grounds that she may be owed a duty of care.
Corrections appealed that decision and won their case in the Court of Appeal.
Last March Ms Couch appealed that decision at the Supreme Court, and today the court overturned the Court of Appeal ruling.
Ms Couch argued the department was negligent in the way it administered Bell's parole conditions and that this negligence caused the injuries she suffered.
Today the Supreme Court confirmed damages were available for negligence and damages arising out of personal injury should be covered.
The court also ruled the Attorney-General was to pay Ms Couch $27,500 together with reasonable disbursements as fixed by the registrar.
Ms Couch will now go back to the High Court to seek $500,000 in damages.
Her lawyer Brian Henry told NZPA this court action would start sometime in the next 18 months to three years.
Bell was jailed for a minimum non-parole period of 33 years, later reduced to 30 years on appeal.
