Preston v Star City Pty Limited [2003] NSWSC 321

The basis propounded for vicarious liability in the amendment is not hopeless given recent authorities and may proceed; permission to amend should be allowed.

Jurisdiction: Australia
Judgment Date: 22 April 2003
Procedural Posture: Appeal / Appeal From Master—leave to Amend Statement of Claim
Outcome: Appeal allowed
Legal Topics: ['vicarious Liability' 'intentional Torts' 'amendment of Pleadings']

['tort Law'] ['vicarious Liability' 'intentional Torts' 'amendment of Pleadings']

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Appeal / Appeal From Master—leave to Amend Statement of Claim

Legal Issues

1 ['Whether amendment to statement of claim to plead vicarious liability is futile' 'Appropriate test for vicarious liability for intentional torts by employees']

Ratio Decidendi

The basis propounded for vicarious liability in the amendment is not hopeless given recent authorities and may proceed; permission to amend should be allowed.

Court Disposition

Appeal allowed

Orders

['Leave granted for the amendment to the statement of claim; directions to be discussed with parties']