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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138 cases
- Barrick v Qantas Flight Catering Ltd
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O'Keeffe v Hickey and Others
...174 DLR (4th) 71, Lister v Hesley Hall Ltd. [2001] UKHL 22, [2002] 1 AC 215, Rose v Plenty [1976] 1 WLR 141 and New South Wales v Lepore [2003] HCA 4, (2003) 195 ALR 412 not followed - Plaintiff's appeal dismissed (174/2006 - SC - 19/12/2008) [2008] IESC 72 O'K(L) v H(L) Facts: The appeal c......
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Hickey v McGowan
...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......
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Various Claimants v The Catholic Child Welfare Society and Others
...could be vicariously liable for sexual assault committed on a pupil by a teacher, has shown a bewildering variety of analysis: New South Wales v Lepore [2003] HCA 4; 212 CLR 511. Only Gleeson CJ and Kirby J were prepared to consider following the approach of the Canadian and English Discu......
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4 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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Appellate decision on permanent stay of proceedings: Child sexual abuse
...inquiries: [432]-[434] (Bathurst CJ); [508] (Payne JA); [509] (Simpson AJA). State of New South Wales v Lepore (2003) 212 CLR 511; [2003] HCA 4; Prince Alfred College Incorporated v ADC (2016) 258 CLR 134; [2016] HCA 37 referred to. The primary judge erred in the exercise of his discretion ......
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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......
14 books & journal articles
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THE PROMISE OF UNIVERSALITY
...to the detriment of their clients, without the latter having some form of recourse). 194 (2001) 207 CLR 562. 195 (2006) 226 CLR 52. 196 (2003) 212 CLR 511. 197 (2007) 230 CLR 22. 198 (2004) 217 CLR 469. 199255 NY 170 (1931) 200Ultramares Corp v Touche, Niven & Co255 NY 170 (1931) at 179. 20......
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The site
...an owner has engaged an apparently competent independent contractor to perform the work does not aford a defence: New South Wales v Lepore [2003] hCa 4 at [248], per Gummow and hayne JJ. as to independent contractors, see paragraph 8.146f. 274 De Pasquale Bros Pty Ltd v Cavanagh Biggs & Par......
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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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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), above ......
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