ZOROM ENTERPRISES PTY LTD v ZABOW & ORS [2007] NSWCA 106

ZOROM ENTERPRISES PTY LTD v ZABOW & ORS [2007] NSWCA 106

The Civil Liability Act exclusion operates for both direct and vicarious liability concerning intentional torts, thus damages are assessed outside the Act. Zorom Enterprises Pty Ltd is vicariously liable for the assault as the employee acted in ostensible pursuit of employment duties. Exemplary damages are recoverable against the employer. The assessment of damages for future economic loss and lost superannuation was correctly conducted without need for a second discount or actuarial evidence.

Jurisdiction
Australia
Judgment Date
04 May 2007
Procedural Posture
Appeal / Appeal Judgment in the Court of Appeal
Outcome
Appeal dismissed with costs
Legal Topics
['vicarious Liability' 'exemplary Damages' 'future Economic Loss' 'superannuation' 'civil Liability Act Exclusion']
['torts' 'damages'] ['vicarious Liability' 'exemplary Damages' 'future Economic Loss' 'superannuation' 'civil Liability Act Exclusion']

Case Brief

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Procedural Posture

Appeal / Appeal Judgment in the Court of Appeal

Legal Issues

  1. 1 ['Whether s 3B(1) of the Civil Liability Act 2002 (NSW) excludes the operation of the Act for employer vicarious liability for intentional torts' 'Whether the employer is vicariously liable for the assault committed by its employee security guard' 'Whether exemplary damages can be awarded against an employer for an assault by its employee' "Whether future economic loss should be assessed by a 'buffer' or by calculation" 'Whether superannuation based on future economic loss requires actuarial evidence or further discounting']

Ratio Decidendi

The Civil Liability Act exclusion operates for both direct and vicarious liability concerning intentional torts, thus damages are assessed outside the Act. Zorom Enterprises Pty Ltd is vicariously liable for the assault as the employee acted in ostensible pursuit of employment duties. Exemplary damages are recoverable against the employer. The assessment of damages for future economic loss and lost superannuation was correctly conducted without need for a second discount or actuarial evidence.

Court Disposition

Appeal dismissed with costs

Orders

  • ['Appeal dismissed' "Appellant to pay Respondents' costs"]