The Court held that the State of NSW is liable for exemplary damages under s8(1) of the Law Reform (Vicarious Liability) Act 1983 even when it is the sole defendant and the offending police officer is not personally joined, distinguishing Canterbury Bankstown Leagues Club v Rogers on the basis that the statutory provision accepts all liability 'in respect of the tort' without common law limitations on vicarious liability for exemplary damages. The Court also found that the State's direct liability in negligence for failure to adequately train police officers provided an independent basis for exemplary damages. On the assessment of damages for severe traumatic brain injury causing obsessive compulsive disorder and social isolation, the Court awarded $2,205,902.95 including $200,000 in exemplary damages, applying a 20% discount to average weekly earnings for past and future economic loss given the plaintiff's limited pre-injury employment history.
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