State of New South Wales v Lepore and Another and related appeals

JurisdictionAustralia Federal only
CourtHigh Court
JudgeGleeson CJ,Gaudron J,McHugh J,Gummow,Hayne JJ,Kirby J,Callinan J
Judgment Date06 February 2003
Neutral Citation[2003] HCA 4,2003-0206 HCA A
Docket NumberMatter No B20/2002 B20/2002 & B21/2002 S108/2002
Date06 February 2003
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117 cases
  • Barrick v Qantas Flight Catering Ltd
    • Australia
    • Federal Court
    • Invalid date
  • Hickey v McGowan
    • Ireland
    • Supreme Court
    • 9 February 2017
    ...... 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 ......
  • O'Keeffe v Hickey and Others
    • Ireland
    • Supreme Court
    • 19 December 2008
    ...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......
  • E v English Province of Our Lady of Charity and another
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 12 July 2012
    ...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
  • The Liability Of Hoteliers For Child Abuse And Child Exploitation
    • United Kingdom
    • Mondaq UK
    • 13 October 2015
    ...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......
  • The High Court clarifies the law regarding employers' vicarious liability for an employee's wrongful acts
    • Australia
    • Mondaq Australia
    • 9 October 2016
    ...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 ......
  • Employer's vicarious liability - no laughing matter for pranksters
    • Australia
    • Mondaq Australia
    • 1 August 2012
    ...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
  • Of Kings and Officers — The Judicial Development of Public Law
    • United Kingdom
    • Federal Law Review Nbr. 33-2, June 2005
    • 1 June 2005
    ...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......
  • The Australian High Court and Social Facts: A Content Analysis Study
    • United Kingdom
    • Federal Law Review Nbr. 40-3, September 2012
    • 1 September 2012
    ...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......
  • The use and Enforcement of Soft Law by Australian Public Authorities
    • United Kingdom
    • Federal Law Review Nbr. 42-1, March 2014
    • 1 March 2014
    ...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......
  • Case Note
    • Singapore
    • Singapore Academy of Law Journal Nbr. 2017, December 2017
    • 1 December 2017
    ...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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