F J Walker Limited v Webber

F J Walker Limited (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. Webber, was injured. The primary issue 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.

The Court of Appeal was required to determine whether the driver 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 ostensibly on a break from his duties, were so connected with or incidental to his employment as to render the employer vicariously liable.

The Court of Appeal found that the driver was not acting within the scope of his employment at the time of the accident. 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 held that the driver's deviation from his duties, for his own purposes during a break, was a significant departure from the scope of his employment. The court distinguished this situation from cases where an employee's actions, even if unauthorised, are still considered to be within the scope of employment because they are incidental to the performance of authorised duties. The appeal was allowed.