New South Wales v Bryant

(2005) 64 NSWLR 281; [2005] NSWCA 393

NSW Court of Appeal

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Interrogate

Catchwords

1. Damages
2. › Exemplary damages
3. › Vicarious liability
4. › Whether exemplary damages can be awarded against the State for tort of police officer
5. › Whether s 8 of the Law Reform (Vicarious Liability) Act 1983 (NSW) extends to exemplary damages
6. › Law Reform (Vicarious Liability) Act 1983 (NSW), ss 6, 8, 9B
1. Damages
2. › Exemplary damages
3. › Vicarious liability
4. › Whether additional element of contumelious conduct by superior officer required
5. › Whether policy considerations preclude award against vicariously liable party
1. Tort
2. › Vicarious liability
3. › Crown liability
4. › Police officers
5. › Nature of vicarious liability under statute
6. › Whether Crown liable for 'the tort' including mental element
7. › Law Reform (Vicarious Liability) Act 1983 (NSW), s 8

Quick Take

The State of New South Wales is liable for exemplary damages under s 8 of the Law Reform (Vicarious Liability) Act 1983 (NSW) for torts committed by police officers, without any requirement to establish contumelious conduct by a superior officer. The grant of immunity from suit for individual officers under s 9B does not extinguish the right to exemplary damages against the State. The distinction drawn in Canterbury Bankstown Rugby League Football Club Ltd v Rogers between conduct and the quality of wrongfulness does not apply to statutory vicarious liability under s 8.