The State of New South Wales may be vicariously liable under s 8(1) of the Law Reform (Vicarious Liability) Act 1983 for the tortious conduct of a Member of Parliament towards an electorate officer, at least where the Member acts as the delegate of the Speaker in supervising the officer's employment. However, the Court was divided on the basis for liability: one judge held the Member's legislative functions were incidental to an activity of the Crown; another held the Member acted as the Speaker's delegate as part of the executive government; the third held the Member was not in the service of the Crown at all. A default judgment for damages to be assessed, where alternative and inconsistent causes of action are pleaded, does not determine which cause of action was established. The competency of an appeal under s 101(2)(r) is assessed at the time the notice of appeal is filed, and the satisfaction of a judgment by one joint tortfeasor does not reduce the 'matter at issue' below $100,000 where the appellant seeks to impose liability on another tortfeasor for the full amount.
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