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Vicarious liability March 2, 2017


Day v The Ocean Beach Hotel Shellharbour Pty Ltd [2013] NSWCA 250(2013) 85 NSWLR 335

[31] On my reading, those passages demonstrate that common to one of the lines of reasoning employed by the majority in Oceanic Crest was the proposition of law that once one person was vicariously liable, no other person could be. But even if I be wrong about the proposition forming part of the ratio of the case, it amounts to “long-established authority and seriously considered dicta” of the High Court which should be followed: Farah Constructions Pty Ltd v Say-Dee Pty Ltd [2007] HCA 22; (2007) 230 CLR 89 at [134] and [147] and see Ying v Song [2009] NSWSC 1344 at [17]-[20] (Ward J).

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