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CCIG Investments Pty Ltd v Schokman

[2023] HCA 21
Judgment date
Case number
B43/2022
Before
Kiefel CJ, Gageler, Gordon, Edelman, Steward, Gleeson, 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".

Files
21.docx (102.84 KB)
21.pdf (317.25 KB)