Sneddon v State of New South Wales [2012] NSWCA 351

Sneddon v State of New South Wales [2012] NSWCA 351

The State of New South Wales is vicariously liable for the tortious conduct of the Member of Parliament (Mr Orkopoulos) towards the electorate officer (Ms Sneddon) in the performance of functions relating to the employment, as these are undertaken in the service of the Crown under s 8(1) of the Law Reform (Vicarious Liability) Act 1983 (NSW). However, as the trial judge found no intentional tort and default judgment did not resolve this, damages are assessed according to the Civil Liability Act 2002. The assessment of non-economic damages at 16% was within the permissible range and not unreasonable; costs orders set by the primary judge should generally stand.

Parties
Appellant: Gillian Margaret Sneddon; First Respondent: State of New South Wales; Second Respondent: Milton Orkopoulos
Jurisdiction
Australia
Judgment Date
01 November 2012
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal allowed in part; judgment for the appellant against the State for $438,613.75; primary judge's assessment of damages and most costs orders confirmed.
Legal Topics
Vicarious Liability of the State, Crown Liability, Non Economic Loss Assessment, Workers Compensation, Parliamentary Privilege and Member Conduct, Default Judgment and Issue Estoppel
Tort Law Constitutional Law Employment Law Vicarious Liability of the State Crown Liability Non Economic Loss Assessment Workers Compensation Parliamentary Privilege and Member Conduct +1 more

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Parties

Gillian Margaret Sneddon

Appellant

State of New South Wales

First Respondent

Milton Orkopoulos

Second Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the State of New South Wales is vicariously liable for tortious conduct of a Member of Parliament toward an electorate officer under s 8(1) of the Law Reform (Vicarious Liability) Act 1983 (NSW)
  2. 2 Whether damages against the State should be assessed on the basis of intention or negligence
  3. 3 Effect of default judgment against Mr Orkopoulos on assessment of damages and liability

Ratio Decidendi

The State of New South Wales is vicariously liable for the tortious conduct of the Member of Parliament (Mr Orkopoulos) towards the electorate officer (Ms Sneddon) in the performance of functions relating to the employment, as these are undertaken in the service of the Crown under s 8(1) of the Law Reform (Vicarious Liability) Act 1983 (NSW). However, as the trial judge found no intentional tort and default judgment did not resolve this, damages are assessed according to the Civil Liability Act 2002. The assessment of non-economic damages at 16% was within the permissible range and not unreasonable; costs orders set by the primary judge should generally stand.

Court Disposition

Appeal allowed in part; judgment for the appellant against the State for $438,613.75; primary judge's assessment of damages and most costs orders confirmed.

Orders

  • Dismiss the motion of the State of New South Wales to review the decision of Barrett JA.
  • State to pay the appellant's costs of the motion to review.