Medida Pty Ltd v Tobin

Medida 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. Tobin, was injured.

The primary legal issue before the Court of Appeal was whether the appellant, as the employer of the driver of the vehicle involved in the accident, was vicariously liable for the driver's negligence. This involved considering the scope of employment of the driver at the time of the incident and whether the driver's actions fell within that scope.

The Court of Appeal found that the driver, while employed by the appellant, was not acting within the scope of his employment at the time of the accident. The evidence indicated that the driver had deviated from his employment duties for his own personal purposes. Consequently, the Court held that the appellant was not vicariously liable for the driver's negligence. The appeal was allowed, and the judgment of the Supreme Court in favour of the respondent was set aside.