McGrath v Fairfield Municipal Council [1985] HCA 33

McGrath v Fairfield Municipal Council [1985] HCA 33

The Employees' Liability (Indemnification of Employer) Act 1982 (NSW) applies to exclude an employer's claim against an employee for indemnity or contribution arising from vicarious liability for the employee's negligence, covering claims under both contract and s. 5(1)(c) of the Law Reform (Miscellaneous Provisions) Act 1946 (NSW).

Jurisdiction
Australia
Procedural Posture
Appeal / Final Judgment
Outcome
appeal allowed
Legal Topics
['vicarious Liability' 'contribution Between Tortfeasors' 'indemnity' 'statutory Exclusion of Contribution']
['tort Law' 'employment Law' 'statutory Interpretation'] ['vicarious Liability' 'contribution Between Tortfeasors' 'indemnity' 'statutory Exclusion of Contribution']

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Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 ["Does the Employees' Liability (Indemnification of Employer) Act 1982 (NSW) preclude an employer's claim for contribution against an employee under s. 5(1)(c) of the Law Reform (Miscellaneous Provisions) Act 1946 (NSW) when the employer is vicariously liable for the employee's negligence?" 'Does the Act exclude indemnity only on a contractual basis or does it extend to contribution claims between concurrent tortfeasors?']

Ratio Decidendi

The Employees' Liability (Indemnification of Employer) Act 1982 (NSW) applies to exclude an employer's claim against an employee for indemnity or contribution arising from vicarious liability for the employee's negligence, covering claims under both contract and s. 5(1)(c) of the Law Reform (Miscellaneous Provisions) Act 1946 (NSW).

Court Disposition

appeal allowed

Orders

  • ['Order of the Court of Appeal of the Supreme Court of New South Wales set aside' 'Order that the appeal to that Court be dismissed with costs']