Abigail and Co v DAVIES

Abigail and Co, the appellant, appealed to the New South Wales Court of Appeal against a decision of the District Court. The dispute concerned the appellant's liability for damages arising from a motor vehicle accident involving a vehicle driven by Mr. Davies, the respondent.

The primary legal issue before the Court of Appeal was whether the District Court had erred in finding the appellant vicariously liable for the negligence of its employee, Mr. Davies, who was driving a company vehicle at the time of the accident. The appellant contended that Mr. Davies was not acting within the scope of his employment at the time of the incident.

The Court of Appeal considered the established principles of vicarious liability, particularly the test of whether the employee's actions were so closely connected with their authorised duties as to be considered an authorised act, or an unauthorised mode of doing an authorised act. The Court examined the evidence regarding Mr. Davies' employment duties and the purpose for which he was using the company vehicle at the time of the accident. The Court found that Mr. Davies' use of the vehicle was not merely incidental to his employment but was an authorised activity undertaken for the benefit of his employer.

The appeal was dismissed, and the decision of the District Court was affirmed.