Zizzati Pty Ltd v Ademoski

Zizzati 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. Ademoski, was injured. 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 driver's actions, which occurred during a period when he was ostensibly on a break from his duties, were sufficiently connected to his employment to render the appellant vicariously liable.

The Court of Appeal found that the driver's actions were not within the scope of his employment. Applying the principles of vicarious liability, the court held that the employer is only liable for the torts of an employee committed in the course of employment. In this instance, the driver had deviated from his employment duties for his own purposes, and this deviation was not merely incidental to his employment. Therefore, the appellant was not vicariously liable for the driver's negligence.

The appeal was allowed, and the judgment of the Supreme Court was set aside.