State of New South Wales v Lepore and Another and related appeals
| Jurisdiction | Australia Federal only |
| 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 |
| Court | High Court |
| Docket Number | Matter No B20/2002 B20/2002 & B21/2002 S108/2002 |
| Date | 06 February 2003 |
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141 cases
- Barrick v Qantas Flight Catering Ltd
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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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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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A.m. V. Reverend Joseph Hendron And Others
...of care should not extend to preventing harm arising from the criminal acts of third parties. [42]In New South Wales v Lepore (2003) Vol.195 A.L.R. 412 (a decision of the High Court of Australia), at least four of the seven judges opposed the non-delegable duty being extended to harm arisin......
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6 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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Frolics Or Authorised Acts?
...point when considering vicarious liability in Australia) and the more recent High Court decision in State of New South Wales v Lepore (2003) 212 CLR 511. Justice Ipp concluded that it was not possible to discern a generally accepted theory underlying the imposition of liability on an employ......
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' Vicarious Liability Of An Employer For An Intentional Tort By Its Employee - S 3B (1) CLA' : Zorom Enterprises Pty Ltd -V- Zabow & Ors [2007] NSWCA 106
...modes - although improper modes - of exercising authority: Deatons Pty Ltd v Flew (1949) 79 CLR 370; State of New South Wales v Lepore (2003) 212 CLR 511. An employer will be vicariously liable for the intentional tort of an employee where the conduct was done in the intended or ostensible ......
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16 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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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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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 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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