Recent Cases

CCIG Investments Pty Ltd v Schokman [2023] HCA 21 (02 August 2023) (Kiefel CJ; Gageler, Gordon, Edelman, Steward, Gleeson and Jagot JJ)


Catchwords:


Torts – Negligence – Vicarious liability – Where appellant employer of respondent – Where appellant required respondent to live in shared accommodation with another employee under terms of employment contract – Where other employee negligently urinated on respondent while he was sleeping causing cataplectic attack – Whether other employee’s wrongful act in course or scope of employment – Whether appellant vicariously liable for negligent act of other employee.

Words and phrases – “agency”, “course or scope of employment”, “employee”, “employer”, “frolic”, “modes of doing authorised acts”, “negligent act”, “non-delegable duty”, “occasion”, “opportunity”, “sufficiently or closely connected”, “sufficiently strong connection”, “tort”, “unauthorised act”, “vicarious liability”, “wrongful act”.