McClure v Commonwealth of Australia

The applicants, McClure and others, appealed to the New South Wales Court of Appeal against a decision of the Supreme Court of New South Wales. The dispute concerned claims of negligence and vicarious liability against the Commonwealth of Australia.

The Court of Appeal was required to determine whether the primary judge erred in finding that the Commonwealth was not liable for the alleged negligence of its employees. Specifically, the appeal concerned the application of the principles of vicarious liability to the actions of Commonwealth officers in the context of the applicants' claims.

The Court of Appeal upheld the primary judge's findings, concluding that the Commonwealth was not vicariously liable for the conduct of its employees. The reasoning focused on the established legal principles governing vicarious liability, particularly the requirement for the wrongful act to be so closely connected with the employee's authorised duties that it could be considered an unauthorised mode of doing an authorised act. The Court found that the actions complained of by the applicants did not meet this threshold.

The appeals were dismissed with costs.