Victorian Consolidated Legislation

Crown Proceedings Act 1958 - SECT 23

Liability of the Crown in contract

23. Liability of the Crown in contract



(1) Subject to this Part-

   (a)  the Crown shall be liable in respect of any contract made on its
        behalf in the same manner as a subject is liable in respect of his
        contracts; and

   (b)  the Crown shall be liable for the torts of any servant or agent of the
        Crown or independent contractor employed by the Crown as nearly as
        possible in the same manner as a subject is liable for the torts of
        his servant or agent or of an independent contractor employed by him.

(2) No proceeding shall lie against the Crown under this Part in respect of
anything done or omitted to be done by any person while discharging or
purporting to discharge any responsibility of a judicial nature invested in
him.

(3) No proceeding shall lie against the Crown under this Part-

   (a)  in respect of any contract made by or on behalf of any public
        statutory corporation; or

   (b)  in respect of any tort of any such corporation or of any of its
        servants or agents or of any independent contractor employed by it-

and nothing in this Part shall affect any provision in any Act by which any
liability of any such corporation or of any of its members officers or
servants in respect of any matter is specifically limited or conditioned, but
no such corporation shall on the ground that it is the Crown or the servant or
agent of the Crown be exempt from any liability to which it would otherwise be
subject.