Gregory R Ball Pty Ltd v Stead

Gregory R Ball 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.

The primary legal issue before the Court of Appeal was whether the appellant, as the employer of the driver involved in the accident, was vicariously liable for the driver's negligence. This involved considering the scope of employment of the driver at the time of the incident and whether the driver's actions fell within that scope.

The Court of Appeal examined the principles of vicarious liability, particularly in the context of an employee deviating from their employer's instructions. It was held that an employer is vicariously liable for the wrongful acts of an employee if those acts are done in the course of employment, even if the employee has acted in a way that is expressly forbidden. The court found that the driver's actions, although a deviation from his instructions, were still sufficiently connected to his employment to render the appellant vicariously liable. The appeal was dismissed.