High Court of Australia

Hollis v Vabu Pty Ltd [2001] HCA 44

207 CLR 21; 75 ALJR 1356; 181 ALR 263

9 Aug 2001

Case Number: S149/2000


Gleeson CJ, Gaudron, McHugh, Gummow, Kirby, Hayne, Callinan JJ


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".

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