State of New South Wales v Lepore and Another and related appeals
| Jurisdiction | Australia Federal only |
| Court | High Court |
| Judge | Gleeson CJ,Gaudron J,McHugh J,Gummow,Hayne JJ,Kirby J,Callinan J |
| Judgment Date | 06 February 2003 |
| Neutral Citation | [2003] HCA 4,2003-0206 HCA A |
| Docket Number | Matter No B20/2002 B20/2002 & B21/2002 S108/2002 |
| Date | 06 February 2003 |
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117 cases
- Barrick v Qantas Flight Catering Ltd
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Hickey v McGowan
...... which can be a corporate body, the State, or a body with the benefit of an insurance ... in time for wrongdoing carried out by another member raises complex questions, some of which ...This was in the context of a claim related to a period almost 30 years before the original ...[in Delahunty v South Eastern Health Board [2003] 4 I.R. 361 ] ...National Union of Mineworkers (South Wales Area) [1986] Ch. 20, 66-7 and Dubai Aluminium ... Court of Australia in New South Wales v Lepore [2003] HCA 4 . In Lord Steyn's analysis in the ......
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O'Keeffe v Hickey and Others
...HALL LTD 2002 1 AC 215 MULLIS, NOLAN TORT 2001 AER REV 426 PARA 29.30 ROSE v PLENTY 1976 1 AER 97 NEW SOUTH WALES v LEPORE & ANOR 2003 HCA 4 SAMIN v QUEENSLAND & ORS 2003 HCA 4 RICH v QUEENSLAND & ORS 2003 HCA 4 SINNOTT v MIN FOR EDUCATION & ORS 2001 2 IR 545 D (T) & ORS......
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E v English Province of Our Lady of Charity and another
...the defendants vicariously liable in respect of those torts." I note that in the High Court of Australia in New South Wales v Lepore 195 ALR 412 Gummow and Hayne JJ say at para 208, "The analyses of Lord Hobhouse and Lord Millett have strong echoes of non-delegable duties." G......
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3 firm's commentaries
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The Liability Of Hoteliers For Child Abuse And Child Exploitation
...the control of the hotel management in that they were a part of the hotel security system. Considering inter alia NEW SOUTH WALES V LEPORE (2003) HCA 4; (2003) 212 CLR 511 the judge at first instance held that the hotel was not vicariously liable for the employee's (P) actions as the assaul......
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The High Court clarifies the law regarding employers' vicarious liability for an employee's wrongful acts
...of its application will need to be given on a case-by-case basis. Footnotes 1 French CJ, Kiefel, Bell, Keane and Nettle JJ 2 At [80] 3 (2003) 212 CLR 511 4 A, DC v Prince Alfred College Incorporated [2015] SASC 12 at 5 A, DC v Prince Alfred College Incorporated [2015] SASC 12 at [175] 6 At ......
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Employer's vicarious liability - no laughing matter for pranksters
...weak connection between the wrong and his employment. The third test was expressed by Gaudron J in The State of New South Wales v Lepore [2003] HCA 4. Justice Gaudron applied the principle of estoppel, stating that vicarious liability can be imposed for deliberate wrongs if the person again......
8 books & journal articles
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Of Kings and Officers — The Judicial Development of Public Law
...of vicarious liability: see Feather v R (1865) 6 B&S 257; 122 ER 1191, 1204–5. That theory has now been rejected: see NSW v Lepore (2003) 212 CLR 511, 611; Hogg and Monahan, above n 146, 6–7, 65–6; Susan Kneebone, Tort Liability of Public Authorities (1998) 319–22; Holdsworth (1944), ab......
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The Australian High Court and Social Facts: A Content Analysis Study
...which re sts on _____________________________________________________________________________________ 87 New South Wales v Lepore (2003) 212 CLR 511,540 [53] (Gleeson CJ), 544 [66]–[67] (Gleeson CJ), 546 [74] (Gleeson CJ), 559 [123] (Gaudron J), 572–3 [164]–[165] (McHugh J), 583 [204] (Gumm......
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The use and Enforcement of Soft Law by Australian Public Authorities
...was not the result of negligence but of a deliberate act of an officer of the relevant public authority; see New South Wales v Lepore (2003) 212 CLR 511. 203 This example is not limited to Australia; see J M Keyes, Executive Legislation (2nd ed, 2010) 55. 204 Freedom of Information Amendmen......
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Case Note
...Authority(1984) 154 CLR 672; Burnie Port Authority v General Jones Pty Ltd(1994) 179 CLR 520 and State of New South Wales v Lepore(2003) 212 CLR 511. 21 This category of non-delegable duties may have to be considered by the Court of Appeal in the appeal from the High Court's decision in Ng ......
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