NSW Caselaw
New South Wales Supreme Court
CITATION : State of NSW v Wayne Eade [2006] NSWSC 84
HEARING DATE(S) : 22/02/2006
JUDGMENT DATE : 28 February 2006
JUDGMENT OF : Hoeben J at 1
DECISION : Judgment in favour of the State of NSW against Wayne Eade in the sum of $286,828.80.
CATCHWORDS : Cross-claim - judgment obtained by plaintiff against State of NSW - cross-claim by State of NSW against police officer - application of Law Reform (Vicarious Liability) Act and Employees' Liability Act to cross-claim - apportionment.
Crimes Act 1900 Employees' Liability Act 1991 LEGISLATION CITED : Law Reform (Miscellaneous Provisions) Act 1946 Law Reform (Vicarious Liability) Act 1983 Workers' Compensation Act 1987
Commissioner of Police v Estate of Edward John Russell & Ors [2002] NSWCA 272 New South Wales v Bryant [2005] NSWCA 393 O'Sullivan v The Queen [2002] NSWCCA 98 Podresbersek v Australian Iron & Steel Pty Limited (1985) 59 ALJR 492 at 494 CASES CITED : Police Service of NSW v Honeysett [2001] NSWCA 452 Prior v State of New South Wales [NSWCA, unreported, 23 October 1998] Sawle v Macadamia Processing Co Pty Limited (1999) 18 NSWCCR 109 Tiger Nominees Pty Limited v State Pollution Control Commission (1992) 25 NSWLR 715 at 721 Wynbergen v Hoyts Corporation Pty Limited (1997) 72 ALJR 65 at 68
PARTIES : State of New South Wales - Cross claimant Wayne Eade - Cross defendant
FILE NUMBER(S) : SC 20364/2003
COUNSEL : Ms K E Burke - Cross Claimant
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