A T McKimm Pty Ltd v Miller

A T McKimm Pty Ltd (the appellant) appealed to the New South Wales Court of Appeal against a decision of the District Court of New South Wales. The dispute concerned the appellant's liability for damages arising from a motor vehicle accident in which the respondent, Mr. Miller, was injured.

The primary legal issue before the Court of Appeal was whether the appellant, as the employer of the driver of the vehicle involved in the accident, was vicariously liable for the driver's negligence. This involved determining whether the driver was acting within the scope of their employment at the time of the collision.

The Court of Appeal considered the principles of vicarious liability, particularly the test for determining whether an employee is acting in the course of their employment. The court analysed the evidence regarding the driver's activities and purpose at the time of the accident, assessing whether those activities were so closely connected with the employer's business that they could be considered an authorised act or an incidental part of the employment. The court affirmed that an employer is liable for the torts of their employee committed in the course of employment, but not for acts that are merely incidental or unauthorised deviations.

The Court of Appeal dismissed the appeal, upholding the District Court's finding of vicarious liability.