Girardi v Allergan Australia Pty Ltd

The proceeding involved a dispute between Ms. Girardi, the applicant, and Allergan Australia Pty Ltd, the respondent. Ms. Girardi alleged that she had suffered a serious injury as a result of a medical procedure performed by a doctor who was an employee of Allergan Australia Pty Ltd. The matter came before Judge Heffernan in the District Court of New South Wales.

The central legal issue before the court was whether Allergan Australia Pty Ltd was vicariously liable for the alleged negligence of its employee doctor. Specifically, the court had to determine if the doctor's actions, which allegedly caused Ms. Girardi's injury, occurred within the scope of his employment with Allergan Australia Pty Ltd.

Judge Heffernan applied the principles of vicarious liability, considering the relationship between the employer and employee and the nature of the employee's actions. The court examined whether the doctor's conduct was so closely connected with his employment that it could be considered an act done in the course of his employment, even if it was unauthorised or wrongful. The court found that the doctor's negligent act was an integral part of the medical services he was employed to provide, and therefore, Allergan Australia Pty Ltd was vicariously liable for his negligence. The court ordered that the respondent pay the applicant's costs.