NSW Caselaw
Reported Decision: (2007) Aust Torts Reports 81-921 Appeal Outcome: Special leave refused with costs by the High Court - 13 June 2008
New South Wales Court of Appeal
CITATION: Sprod bnf v Public Relations Oriented Security Pty Limited [2007] NSWCA 319 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 30/10/07
JUDGMENT DATE: 9 November 2007
JUDGMENT OF: Ipp JA at 1; Tobias JA at 88; Hislop J at 89
DECISION: (1) The Appeal is upheld. (2) The judgment of Cooper AJ is set aside. (3) The matter is remitted to the Supreme Court for resolution of the outstanding issues. (4) The respondent is to pay the appellant's costs of the trial and the appeal. (5) The respondent is to have a certificate under the Suitors' Fund Act 1951 (NSW) if otherwise qualified.
CATCHWORDS: TORTS – negligence – vicarious liability – owner of club – security guards employed by respondent club owner assaulted the appellant in a laneway – unauthorised acts of assault – proximity to authorised acts – whether the unauthorised acts of the security guards were so closely connected with acts which, by virtue of their employment, they were authorised to carry out, or whether they were mere independent acts motivated primarily by personal animosity and vindictiveness, such that they were to be regarded as improper modes of discharging their duties as security guards – interests of employer – whether the unauthorised acts were done in the supposed furtherance of the respondent's interests. D
LEGISLATION CITED: Suitors' Fund Act 1951 (NSW)
Bazley v Curry [1999] 2 SCR 534 Bugge v Brown (1919) 26 CLR 110 Canadian Pacific Railway Company v Lockhart [1942] AC 591 Deatons Pty Limited v Flew (1949) 79 CLR 370 Dyer v Munday [1895] 1 QB 742 Flew v Deatons Pty Limited (1949) 49 SR (NSW) 219; 66 WN (NSW) 98 CASES CITED: Fox v Percy (2003) 214 CLR 118 Hollis v Vabu Pty Limited (2001) 207 CLR 21 Sandstone DMC Pty Limited v Trajkovski [2006] NSWCA 205 Sprod v Public Relations Oriented Security Pty Ltd [2005] NSWSC 1074 Starks v RSM Security Pty Limited (2004) Aust Torts Reports 81-768 State of New South Wales v Lepore (2003) 212 CLR 511 Warren v Coombes (1979) 142 CLR 531 Zorom Enterprises Pty Limited v Zabow [2007] NSWCA 106
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