Negligence – Vicarious liability - Employee or independent contractor - Control - Bicycle courier negligently injured plaintiff - Bicycle courier wearing defendant's uniform but otherwise unidentified - Whether defendant vicariously liable for courier's negligence - Whether relationship between bicycle courier and defendant one of employment or independent contract - Whether bicycle courier is agent carrying out activity as principal's authorised representative dealing with third party.
Employer and employee – Independent contractor - Bicycle courier and courier company - Whether bicycle courier's relationship is that of employment or independent contract.
Words and phrases – "agent", "employee", "independent contractor", "vicarious liability".
Judgment date
Case number
S149/2000
Before
Gleeson CJ, Gaudron, McHugh, Gummow, Kirby, Hayne, Callinan JJ
Catchwords