Murray Irrigation Limited v ICW Pty Ltd and Meares Nominees Pty Ltd [2005] NSWLEC 304

Murray Irrigation Limited v ICW Pty Ltd and Meares Nominees Pty Ltd [2005] NSWLEC 304

Defendants were found guilty because their employee, acting within the scope of employment, interfered with water meters and took water without authority; vicarious liability applies in strict liability environmental offences.

Jurisdiction
Australia
Judgment Date
17 June 2005
Procedural Posture
Criminal Prosecution / Verdict on Liability; Adjourned for Sentencing
Outcome
guilty
Legal Topics
['water Offences' 'strict Liability' 'vicarious Liability' 'environmental Offence' 'interference With Water Meter']
['environmental Law' 'criminal Law'] ['water Offences' 'strict Liability' 'vicarious Liability' 'environmental Offence' 'interference With Water Meter']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

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

Procedural Posture

Criminal Prosecution / Verdict on Liability; Adjourned for Sentencing

Legal Issues

  1. 1 ['Whether defendants committed offences of interfering with water meter and taking water without authority' 'Whether defendants are vicariously liable for actions of employee']

Ratio Decidendi

Defendants were found guilty because their employee, acting within the scope of employment, interfered with water meters and took water without authority; vicarious liability applies in strict liability environmental offences.

Court Disposition

guilty

Orders

  • ['Proceedings adjourned to a date to be allocated for sentencing hearing' "Liberty to restore proceedings on 3 days' notice"]