A statutory corporation that is an agent of the Crown may nevertheless be liable for its own torts and vicariously liable for the torts of its employees where the establishing legislation provides for the corporation to have its own employees under its own control, separate finances, and the capacity to be sued. The three aspects of Crown immunity (immunity from suit, immunity from tort liability, and the rule of statutory construction) must be considered separately, and displacement of one does not necessarily displace the others. The question whether s 5(1) of the Crown Proceedings Act 1992 (SA) is limited to proceedings in South Australia was left open.
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