Amenley Pty Ltd v Jobson

Amenley Pty Ltd (the appellant) appealed to the New South Wales Court of Appeal against a decision of the Supreme 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. Jobson, was injured. The primary issue was whether the appellant, as the employer of the driver, was vicariously liable for the driver's negligence.

The Court of Appeal was required to determine whether the driver of the appellant's vehicle was acting within the scope of his employment at the time of the accident. Specifically, the court had to consider whether the driver's actions, which occurred during a period when he was travelling to a place of entertainment after completing his work duties, were so connected with or incidental to his employment as to render the employer vicariously liable.

The Court of Appeal held that the driver was not acting within the scope of his employment when the accident occurred. The court applied the principle that an employer is vicariously liable for the torts of an employee committed in the course of employment. However, it found that the driver's journey to the entertainment venue was a personal pursuit, not authorised or incidental to his employment, and therefore the employer could not be held vicariously liable for his negligence. The appeal was dismissed.