The sole survivor of the Auckland RSA robbery in which three people were killed has been given the right to sue the Corrections Department for $500,000 in punitive damages.
Susan Couch almost died from the beating inflicted on her by William Bell, who is serving at least 30 years in prison for the attacks at the Panmure RSA in 2001.
Her claim alleges negligence by the probation officer responsible for supervising Bell.
Last year, the Supreme Court reinstated Ms Couch's proceedings against the department, after the Court of Appeal struck out her claim.
On Wednesday the Supreme Court ruled Ms Couch can sue for exemplary, or punitive, damages.
It also found that exemplary damages arising from personal injury covered by the Accident Compensation Corporation (ACC) are not barred by the ACC legislation.
But the court says she'll have to prove the probation officers knew she was at risk, and deliberately ignored that risk.
Victim's life sentence - lawyer
Ms Couch's lawyer, Brian Henry, told Checkpoint she has kept fighting because she does not want anyone else to experience the trauma she did.
"She says I've got a life sentence in that she can ever escape her injuries. She is a social welfare beneficiary for life as a consequence. ...there is no chance she will ever recover from being a sickness beneficiary."
Sensible Sentencing Trust spokesperson Garth McVicar says Ms Couch broke down in tears when he phoned her with the news that her case for exemplary damages will continue.
Mr Henry says it could be up to three years before the case goes to court.
Burden of proof 'high'
A lawyer representing the family of a man killed by paroled murderer Graeme Burton says the Supreme Court ruling sets the bar high for other victims.
Nikkie Pender it requires people bringing a claim to demonstrate a defendent consciously appreciated the risk that they would harm a person and went ahead anyway - which would be hard to prove.
A lawyer specialising in ACC, John Miller, says there is no guarantee Ms Couch's claim will be successful, as it will have to be proved that probation officers knew that Bell posed a risk and that they deliberately and outrageously ignored that risk.
But Mr Miller told Checkpoint it could serve as a warning to Government departments which are cutting resources to frontline services.
