Hollis v Vabu Pty Limited (T/as Crisis Couriers)

In *Hollis v Vabu Pty Limited (T/as Crisis Couriers)*, the plaintiff, Mr Hollis, suffered injuries when he was knocked off his bicycle by a courier employed by Vabu Pty Limited, trading as Crisis Couriers. Mr Hollis sought to hold Crisis Couriers vicariously liable for the negligence of its courier. The case was heard in the Court of Appeal of New South Wales.

The central legal issue before the Court of Appeal was whether Crisis Couriers was vicariously liable for the negligent actions of its bicycle courier. This involved determining the legal relationship between Crisis Couriers and the courier, specifically whether the courier was an employee or an independent contractor, and if the latter, whether Crisis Couriers owed a non-delegable duty of care to the public in relation to the courier's activities.

The Court of Appeal considered the nature of the relationship between Crisis Couriers and its couriers. It found that the couriers were not employees but independent contractors. However, the Court distinguished this case from situations where a non-delegable duty might arise, such as in relation to dangerous activities or the performance of statutory duties. The Court concluded that the operation of a bicycle courier business did not give rise to a non-delegable duty of care owed by the principal to the public for the negligence of its independent contractors.

The appeal was dismissed with costs.