Howard F Hudson Pty Ltd v Ronayne

Howard F Hudson Pty Ltd (the appellant) appealed to the High Court of Australia from a judgment of the Supreme Court of New South Wales. The dispute concerned the appellant's liability for damages arising from a collision between a motor vehicle owned and driven by the appellant's employee and a motor vehicle driven by the respondent. The respondent had suffered personal injuries and damage to his vehicle as a result of the collision.

The High Court was required to determine whether the appellant was vicariously liable for the negligence of its employee. Specifically, the court had to consider whether the employee was acting within the scope of his employment at the time of the collision, or if he had deviated from his employment for his own purposes.

The court's reasoning focused on the established principles of vicarious liability. It was held that an employer is liable for the torts of an employee committed in the course of employment. However, if an employee deviates from their employment for their own purposes, even if that deviation is brief or for a purpose that might indirectly benefit the employer, the employer will not be liable for torts committed during that deviation. In this instance, the court found that the employee had embarked on a personal errand, thereby stepping outside the scope of his employment.

Consequently, the appeal was dismissed, and the judgment of the Supreme Court of New South Wales was affirmed.