New South Wales v DCCitation:[2017] HCA 22Before:Kiefel CJ, Bell, Gageler, Keane, Gordon JJDate:14 Jun 2017Case Number:S35/2017Read more

New South Wales v DCCitation:[2017] HCA 22Before:Kiefel CJ, Bell, Gageler, Keane, Gordon JJDate:14 Jun 2017Case Number:S35/2017Read more

Given the concessions made by the State regarding duty of care and vicarious liability, it was not appropriate to consider the scope or extent of the duty; special leave to appeal was revoked.

Parties
Respondent: State; Applicant: Unnamed Applicant
Jurisdiction
Australia
Judgment Date
14 June 2017
Procedural Posture
Appeal / Special Leave to Appeal
Outcome
Special leave to appeal revoked
Legal Topics
Duty of Care, Statutory Powers, Vicarious Liability
Negligence Tort Law Statutory Interpretation Duty of Care Statutory Powers Vicarious Liability

Case Brief

Summary, issues, holding and outcome

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Parties

State

Respondent

Unnamed Applicant

Applicant

Procedural Posture

Appeal / Special Leave to Appeal

Legal Issues

  1. 1 Scope or extent of duty of care in exercise of statutory powers
  2. 2 Appropriateness of considering scope of duty in light of concessions
  3. 3 Vicarious liability of the State for breach of duty of care

Ratio Decidendi

Given the concessions made by the State regarding duty of care and vicarious liability, it was not appropriate to consider the scope or extent of the duty; special leave to appeal was revoked.

Court Disposition

Special leave to appeal revoked

Orders

  • Special leave to appeal revoked