Johnston v State of New South Wales

In Johnston v State of New South Wales, the plaintiff sought to establish the Crown's vicarious liability for the alleged intentional torts of assault and battery committed by a police officer against the plaintiff. The case was heard in the Supreme Court of New South Wales, where the central issue was whether the initial determination of the Crown's vicarious liability was impracticable under the Law Reform (Vicarious Liability) Act 1983 (NSW). The court was tasked with determining if the statutory requirements for an initial determination of vicarious liability could be applied in the circumstances of this case, given the allegations against a police officer.

The primary legal issue was whether the statutory framework for determining the Crown's vicarious liability, particularly the requirement for an initial determination, was impracticable in this case. The plaintiff argued that the statutory process for determining vicarious liability was overly burdensome and impractical, given the nature of the alleged torts and the role of the police officer. The defendant, the State of New South Wales, contended that the statutory process was not impracticable and that an initial determination was both necessary and feasible.

The court found that the statutory requirement for an initial determination of the Crown's vicarious liability was not impracticable in this case. It held that the statutory process was designed to be a practical and efficient means of addressing claims against the Crown for the tortious acts of its employees. The court rejected the plaintiff's argument that the statutory process was overly burdensome and impractical, finding instead that the statutory requirements were capable of being applied in the circumstances of this case. The court concluded that an initial determination was necessary to establish the Crown's vicarious liability and that such a determination was feasible under the statutory framework.

The Supreme Court of New South Wales dismissed the plaintiff's claim on the basis that the statutory requirement for an initial determination of the Crown's vicarious liability was not impracticable. The court ordered the plaintiff to pay the defendant's costs of the proceedings.