State of NSW v Wayne Eade [2006] NSWSC 84

State of NSW v Wayne Eade [2006] NSWSC 84

Wayne Eade committed the torts of wrongful arrest, wrongful imprisonment and malicious prosecution in the purported performance of his functions as a police officer, making the State vicariously liable under s8 of the Law Reform (Vicarious Liability) Act 1983 and making the State and Eade joint tortfeasors under s5(3A) of the Law Reform (Miscellaneous Provisions) Act 1946. Although s3 of the Employees' Liability Act 1991 would ordinarily bar contribution or indemnity by an employee, Eade's deliberate threats and conduct were serious and wilful misconduct within s5 of that Act. The State could therefore recover contribution, but not a complete indemnity, because there was sufficient...

Jurisdiction
Australia
Judgment Date
28 February 2006
Procedural Posture
Cross Claim for Contribution And/or Indemnity / Ex Parte Determination After the Primary Proceedings Were Settled and Judgment Was Entered for the Plaintiff Against the State
Outcome
Judgment entered for the State of NSW against Wayne Eade for contribution in the sum of $286,828.80, with no order as to costs.
Legal Topics
['malicious Prosecution' 'wrongful Arrest' 'false Imprisonment' "employees' Liability Act 1991" 'law Reform (vicarious Liability) Act 1983' 'law Reform (miscellaneous Provisions) Act 1946' 'apportionment Between Tortfeasors' 'exemplary Damages']
['tort Law' 'vicarious Liability' 'police Liability' 'contribution and Indemnity'] ['malicious Prosecution' 'wrongful Arrest' 'false Imprisonment' "employees' Liability Act 1991" 'law Reform (vicarious Liability) Act 1983' 'law Reform (miscellaneous Provisions) Act 1946' 'apportionment Between Tortfeasors' 'exemplary Damages']

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Procedural Posture

Cross Claim for Contribution And/or Indemnity / Ex Parte Determination After the Primary Proceedings Were Settled and Judgment Was Entered for the Plaintiff Against the State

Legal Issues

  1. 1 ['Whether Wayne Eade committed torts against the plaintiff, including wrongful arrest, wrongful imprisonment and malicious prosecution.' 'Whether the State was vicariously liable under s8 of the Law Reform (Vicarious Liability) Act 1983 so that the State and Wayne Eade were joint tortfeasors for the purposes of s5(3A) of the Law Reform (Miscellaneous Provisions) Act 1946.' "Whether s3 of the Employees' Liability Act 1991 barred the State's claim for contribution or indemnity from Wayne Eade." "Whether Wayne Eade's conduct amounted to serious and wilful misconduct within s5 of the Employees' Liability Act 1991." 'Whether the State was entitled to a full indemnity or only contribution, and the appropriate apportionment.']

Ratio Decidendi

Wayne Eade committed the torts of wrongful arrest, wrongful imprisonment and malicious prosecution in the purported performance of his functions as a police officer, making the State vicariously liable under s8 of the Law Reform (Vicarious Liability) Act 1983 and making the State and Eade joint tortfeasors under s5(3A) of the Law Reform (Miscellaneous Provisions) Act 1946. Although s3 of the Employees' Liability Act 1991 would ordinarily bar contribution or indemnity by an employee, Eade's deliberate threats and conduct were serious and wilful misconduct within s5 of that Act. The State could therefore recover contribution, but not a complete indemnity, because there was sufficient...

Court Disposition

Judgment entered for the State of NSW against Wayne Eade for contribution in the sum of $286,828.80, with no order as to costs.

Orders

  • ['Judgment in favour of the State of NSW against Wayne Eade in the sum of $286,828.80.']