Sanders v Nadow Training Program Ltd

In *Sanders v Nadow Training Program Ltd*, the New South Wales Court of Appeal considered an appeal by the plaintiff, Sanders, against a decision of the District Court. The dispute concerned the plaintiff's claim for damages for personal injuries sustained as a result of an alleged assault by an employee of the defendant, Nadow Training Program Ltd.

The primary legal issues before the Court of Appeal were whether the District Court judge had erred in finding that the defendant was not vicariously liable for the actions of its employee, and consequently, whether the plaintiff's claim for damages should have succeeded. The court was required to determine the scope of employment of the employee and whether the assault occurred within that scope, thereby rendering the employer liable.

The Court of Appeal found that the District Court judge had correctly applied the principles of vicarious liability. The court reasoned that while the employee was acting within the course of his employment in attending the premises, the assault itself was an act of personal retaliation and not an act done in furtherance of the employer's business. Therefore, the assault was outside the scope of employment, and the defendant was not vicariously liable. The appeal was dismissed.