A claim in negligence cannot be maintained against a court or judicial officers for the exercise of judicial functions; the immunity arises under the general law and is not a 'statutory exemption' within s 10 of the Law Reform (Vicarious Liability) Act 1983 (NSW). Accordingly, the State cannot be vicariously liable under s 8 of that Act where no underlying tort has been committed by the judicial officer. The question of whether the Vicarious Liability Act would be engaged if a tort were established was left open.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.