Hatzivasiliou v Roads and Maritime Services

The case of Hatzivasiliou v Roads and Maritime Services was heard in the Supreme Court of New South Wales. The dispute between the plaintiff, Mr Hatzivasiliou, and the defendant, Roads and Maritime Services, arose from a car accident that resulted in severe injuries to Mr Hatzivasiliou. The plaintiff sought compensation for damages caused by the accident, which occurred when the defendant's employee, who was driving a government vehicle, collided with the plaintiff's car. The central issue in the case was whether the defendant's employee was acting within the scope of employment at the time of the accident and, if so, whether the defendant could be held liable for the damages.

The court had to determine whether the employee's actions at the time of the accident constituted a deviation from the course of employment. Additionally, the court considered whether the statutory immunity available to the government under the Government Instrumentalities Act 1995 (NSW) applied in this situation. The court also needed to assess the extent of Mr Hatzivasiliou's injuries and the damages for which the defendant could be held liable.

The court found that the employee's actions were not a significant departure from their employment duties, thereby holding the defendant liable for the damages. The court determined that the statutory immunity did not apply as the employee's actions were not so unconnected to their employment that they could be considered a frolic of their own. The court concluded that the defendant was liable for the damages suffered by Mr Hatzivasiliou, including compensation for pain and suffering, loss of income, and other related expenses. The court also assessed the appropriate amount of damages to be awarded to the plaintiff. The orders of the court, as outlined in paragraph 145, provided for the defendant to compensate the plaintiff for the injuries sustained in the accident.