Grass v Slattery [2018] FCA 1719

Grass v Slattery [2018] FCA 1719

Misfeasance in public office was not established against any respondent. The actions of departmental officers did not amount to misuse of public power with malicious intent or knowledge/reckless indifference to unlawfulness and harm. No admissible evidence of loss or damage was provided. Accordingly, there was no basis for vicarious liability of the Commonwealth. The amended originating application and amended statement of claim were dismissed with costs.

Jurisdiction
Australia
Judgment Date
13 November 2018
Procedural Posture
Civil / Final Judgment
Outcome
application dismissed with costs
Legal Topics
['misfeasance in Public Office' 'vicarious Liability' 'freedom of Information' 'australian Citizenship' 'administrative Best Practice' 'damages in Tort']
['torts' 'administrative Law' 'human Rights' 'constitutional Law'] ['misfeasance in Public Office' 'vicarious Liability' 'freedom of Information' 'australian Citizenship' 'administrative Best Practice' 'damages in Tort']

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Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 ['Whether the actions of Commonwealth public servants constituted misfeasance in public office' 'Whether the Commonwealth was vicariously liable' 'Whether the applicants suffered loss or damage' 'Whether actions were pursued with malice or with knowledge/reckless indifference as required for the tort']

Ratio Decidendi

Misfeasance in public office was not established against any respondent. The actions of departmental officers did not amount to misuse of public power with malicious intent or knowledge/reckless indifference to unlawfulness and harm. No admissible evidence of loss or damage was provided. Accordingly, there was no basis for vicarious liability of the Commonwealth. The amended originating application and amended statement of claim were dismissed with costs.

Court Disposition

application dismissed with costs

Orders

  • ['The amended originating application and the amended statement of claim be dismissed.' "The applicants pay the respondents' costs of and incidental to this proceeding as assessed or agreed."]