JA Crockett Pty Ltd v Cox

JA Crockett 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 in which the respondent, Mr Cox, was injured.

The primary legal issue before the Court of Appeal was whether the appellant was vicariously liable for the negligence of its employee, Mr G. The appellant argued that Mr G was not acting within the scope of his employment at the time of the accident, and therefore the company could not be held responsible for his actions.

The Court of Appeal considered the principles of vicarious liability, particularly the test of whether the employee's conduct was so closely connected with acts the employee was authorised to do that it could be considered an unauthorised mode of doing an authorised act. The court found that Mr G’s actions, although negligent, were within the scope of his employment as he was driving a company vehicle for a purpose connected to his employment at the time of the accident. The appeal was dismissed.