Rawlinson and Brown Pty Ltd v Witham

Rawlinson and Brown Pty Ltd (the appellant) appealed to the New South Wales Court of Appeal against a decision of the District 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. Witham, sustained injuries. The primary issue 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.

The Court of Appeal was required to determine whether the driver was acting within the scope of his employment at the time of the accident. Specifically, the court had to consider whether the employer had sufficiently established that the driver was on a "frolic of his own" or if his actions were so connected with his employment that the employer should be held vicariously liable for his negligence.

The Court of Appeal found that the driver had deviated significantly from the purpose of his employment. He had been instructed to deliver a vehicle to a specific location but instead embarked on a substantial personal detour to visit a friend, which involved travelling a considerable distance in the opposite direction. The court applied the principle that an employer is vicariously liable for the torts of an employee committed in the course of employment, but this liability does not extend to acts that are so far outside the scope of employment that they constitute a "frolic of his own." The court held that the driver's actions were a personal pursuit unrelated to his employment duties, and therefore, the appellant was not vicariously liable.

The appeal was allowed, and the judgment of the District Court in favour of the respondent was set aside.