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Unreported Judgment
Appeal Determined (QCA) Special Leave Granted (HCA)
Trial of plaintiff’s action for damages against defendant employer; in state of semi-consciousness, drunk co-employee urinated on plaintiff in staff accommodation; judgment for employer; argument relating to employer’s duty of care rejected; defendant not vicariously liable for co-employee’s tort as tort not committed in course of employment (applying test in Bazley v Curry [1999] 2 SCR 534 per McLachlin J): Crow J.
Appeal Determined (QCA)
[2022] QCA 38 (2022) 10 QR 310; (2022) Aust Torts Reports ¶82-775
18 Mar 2022
Plaintiff’s appeal from [2021] QSC 120 allowed; judgment below set aside; judgment for plaintiff for damages as assessed; as to co-employee’s negligence, conduct not involuntary and drunkenness irrelevant to standard of care; as to vicarious liability, trial judge erred in applying Bazley v Curry and, following Bugge v Brown (1919) 26 CLR 110, requisite connection between employment and co-employee’s conduct established: McMurdo JA (with whom Fraser and Mullins JJA agreed).
Special Leave Granted (HCA)
[2022] HCATrans 156
16 Sep 2022
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HCA Transcript
[2023] HCATrans 24
09 Mar 2023
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Appeal Status
Appeal Determined (QCA) Special Leave Granted (HCA)
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