MCCRACKEN v MELBOURNE STORM RUGBY LEAGUE FOOTBALL CLUB AND 2 ORS [2005] NSWSC 107

MCCRACKEN v MELBOURNE STORM RUGBY LEAGUE FOOTBALL CLUB AND 2 ORS [2005] NSWSC 107

The actions of the Second and Third Defendants were intentional, done with an intent to cause injury (albeit not seriousness of injury) and in breach of the duty of care owed to the Plaintiff. Section 3B of the Civil Liability Act 2002 excludes the Act's general application in cases of intentional acts causing injury. The First Defendant, as employer, is vicariously liable.

Jurisdiction
Australia
Judgment Date
22 February 2005
Procedural Posture
Civil Liability Tort / Judgment on Liability; Damages to Be Assessed Separately
Outcome
Judgment for the Plaintiff against each Defendant, damages to be assessed
Legal Topics
['negligence' 'intentional Torts' 'vicarious Liability' 'civil Liability Act Exclusion' 'sports Injuries']
['tort Law' 'sports Law'] ['negligence' 'intentional Torts' 'vicarious Liability' 'civil Liability Act Exclusion' 'sports Injuries']

Case Brief

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Procedural Posture

Civil Liability Tort / Judgment on Liability; Damages to Be Assessed Separately

Legal Issues

  1. 1 ['Were the actions of the Second and Third Defendants intentional, done with intent to cause injury, and in breach of duty of care?' 'Does s3B of Civil Liability Act 2002 NSW exclude the operation of the Act in cases of intentional acts?' 'Is the First Defendant vicariously liable for the actions of its employees?']

Ratio Decidendi

The actions of the Second and Third Defendants were intentional, done with an intent to cause injury (albeit not seriousness of injury) and in breach of the duty of care owed to the Plaintiff. Section 3B of the Civil Liability Act 2002 excludes the Act's general application in cases of intentional acts causing injury. The First Defendant, as employer, is vicariously liable.

Court Disposition

Judgment for the Plaintiff against each Defendant, damages to be assessed

Orders

  • ['Judgment for the Plaintiff against each Defendant' 'Damages to be assessed separately']