New South Wales v Bryant [2005] NSWCA 393

Reported Decision : 64 NSWLR 281

New South Wales Court of Appeal

New South Wales v Bryant [2005] NSWCA 393 CITATION: This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 31 May 2005

JUDGMENT DATE: 16 November 2005

JUDGMENT OF: Beazley JA at 1; McColl JA at 2; Basten JA at 3

DECISION: (1) Leave to appeal granted with respect to the power to award exemplary damages against the State for the misconduct of a police officer; (2) Direct the notice of appeal to be filed within 7 days of judgment; (3) Subject to compliance with (2), appeal dismissed with costs; (4) The summons for leave to appeal otherwise dismissed; (5) The Appellant pay the Respondent's costs of the summons and of the appeal

CATCHWORDS: Damages – exemplary damages – whether exemplary damages can be awarded against the State in relation to a tort committed by a police officer – whether s8 of the Law Reform (Vicarious Liability) Act 1983 (NSW) or policy considerations prevents an award of exemplary damages against the State

Employees Liability Act 1991 (NSW) Interpretation Act 1987 (NSW) Law Reform (Vicarious Liability) Act 1983 (NSW) LEGISLATION CITED: Motor Vehicles (Third Party Insurance) Act 1942 (NSW) Police Act 1996 (UK) Police Legislation Amendment (Civil Liability) Act 2003

Canterbury Bankstown Rugby League Football Club Ltd v Rogers (1993) Aust Torts Reps 81-246 Darling Island Stevedoring and Lighterage Co Ltd v Long (1956-57) 97 CLR 36 Gray v Motor Accident Commission (1998) 196 CLR 1 Hollis v Vabu Pty Ltd (2001) 207 CLR 21 Kuddus v Chief Constable of Leicestershire [2002] 2 AC 122 CASES CITED: Lamb v Cotogno (1987) 164 CLR 1 Police Service (NSW) v Honeysett (2001) 53 NSWLR 592 State of New South Wales v Moss (2000) 54 NSWLR 536 Thompson v Commissioner of Police [1998] QB 498 Uren v John Fairfax and Sons Pty Ltd (1966) 117 CLR 118 Whitfeld v De Lauret and Co Ltd (1920) 29 CLR 71