Kuligowski v Metrobus

In *Kuligowski v Metrobus*, the plaintiff, Mr. Kuligowski, brought proceedings against the defendant, Metrobus, alleging that he had suffered injury as a result of the negligent operation of a bus by a Metrobus employee. The case was heard in the High Court of Australia.

The central legal issue before the High Court was whether Metrobus was vicariously liable for the negligent actions of its employee, the bus driver, in the course of his employment. This involved determining the scope of employment and whether the driver's conduct, which allegedly caused Mr. Kuligowski's injuries, fell within that scope.

The High Court considered the principles of vicarious liability, particularly in the context of employer-employee relationships. The Court affirmed that an employer is vicariously liable for the torts committed by an employee if the tort is committed in the course of employment. This includes acts which are authorised by the employer, or acts which are so closely connected with what the employee is authorised to do that they may be regarded as modes of doing that authorised act. The Court examined the specific facts to ascertain whether the driver's actions were within the scope of his employment or constituted a departure from it.

The High Court allowed the appeal, finding that Metrobus was vicariously liable for the negligence of its driver.