Whittington v Commonwealth of Australia

• Jurisdiction: Queensland
• Judgment Date: 01 August 1945
• Court: Supreme Court of Queensland (Australia)
• Date: 01 August 1945
• Docket Number: Case No. 48

Australia, Supreme Court of Brisbane.

(E. A. Douglas, J.)

Case No. 48

Whittington

and

The Commonwealth of Australia.

STATE RESPONSIBILITY

State Responsibility — Vicarious Responsibility for Acts of Members of Visiting Forces — Limits of — Acts Committed in Course of Military Duties — Tort — Assault.

Foreign Armed Forces — Position of — Vicarious Responsibility for Acts of Members of Visiting Forces.

The Facts.—The plaintiff Mary Whittington by a writ of summons began an action against the Commonwealth of Australia, claiming damages for assault by one Fred Bryson, a member of the military forces of the United States. The statement of claim alleged that Bryson had struck her about the shoulders and hands with a paling. She claimed £300 damages.

Regulation 4 of the National Security (Claims against the Commonwealth in relation to Visiting Forces) Regulations provided:

“(1) Any person who is resident in Australia and who has or deems himself to have any just claim or demand against a member of a visiting force or any person acting for or on behalf of a visiting force (not being a claim or demand arising out of a contract or agreement or a breach or alleged breach of a contract or agreement) shall be...