Sprod bnf v Public Relations Oriented Security Pty Limited [2007] NSWCA 319

Sprod bnf v Public Relations Oriented Security Pty Limited [2007] NSWCA 319

The assault by the security guards, although an improper and unauthorised mode, was so connected with acts that the employer authorised that it was regarded as incidental to their employment and in the supposed furtherance of the employer's interests. The employer is therefore vicariously liable for the assault.

Jurisdiction
Australia
Judgment Date
09 November 2007
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal upheld; judgment of Cooper AJ set aside; matter remitted to the Supreme Court for resolution of remaining issues; respondent to pay appellant's costs of the trial and appeal; respondent to have a certificate under the Suitors' Fund Act 1951 (NSW) if otherwise qualified.
Legal Topics
['negligence' 'vicarious Liability' 'tort Liability of Employers' 'employment Law' 'security Guards Liability']
['torts'] ['negligence' 'vicarious Liability' 'tort Liability of Employers' 'employment Law' 'security Guards Liability']

Case Brief

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Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 ['Whether the respondent club owner is vicariously liable for assault committed by its security guards against the appellant' 'Whether the acts of the security guards were so closely connected with their employment as to be considered within the course of employment']

Ratio Decidendi

The assault by the security guards, although an improper and unauthorised mode, was so connected with acts that the employer authorised that it was regarded as incidental to their employment and in the supposed furtherance of the employer's interests. The employer is therefore vicariously liable for the assault.

Court Disposition

Appeal upheld; judgment of Cooper AJ set aside; matter remitted to the Supreme Court for resolution of remaining issues; respondent to pay appellant's costs of the trial and appeal; respondent to have a certificate under the Suitors' Fund Act 1951 (NSW) if otherwise qualified.

Orders

  • ['The appeal is upheld.' 'The judgment of Cooper AJ is set aside.' 'The matter is remitted to the Supreme Court for resolution of the outstanding issues.' "The respondent is to pay the appellant's costs of the trial and the appeal." "The respondent is to have a certificate under the Suitors' Fund Act 1951 (NSW) if...