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 Feb 2003
Neutral Citation[2003] HCA 4,2003-0206 HCA A
Docket NumberMatter No B20/2002 B20/2002 & B21/2002 S108/2002
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101 cases
  • Barrick v Qantas Flight Catering Ltd
    • Australia
    • Federal Court
    • 1 January 2007
  • Hickey v McGowan
    • Ireland
    • Supreme Court
    • 9 February 2017
    ...setting within which the employer placed him. These authorities were followed by the High Court of Australia in New South Wales v Lepore [2003] HCA 4. In Lord Steyn's analysis in the Lister case, at page 320, the issue was ‘whether the warden's torts were so closely connected with his emplo......
  • 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......
  • Annie Rachel Woodland (a Protected Party Suing by Her Father and Litigation Friend, Ian Woodland) v Essex County Council
    • United Kingdom
    • Court of Appeal
    • 9 March 2012
    ...care is owed are not closed, but courts should exercise care in extending them." 13 The last Australian case I should cite is New South Wales v Lepore (2003) 212 CLR 511. The question was as to the liability of a school authority for the sexual abuse of a pupil by a teacher whom the au......
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2 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......
  • 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......
1 books & journal articles