Winn v Smith [2003] NSWCA 105

Winn v Smith [2003] NSWCA 105

The appellant failed to prove that the person who threw the tile and caused the injury was an employee or sub-contractor of the respondent. There was insufficient evidence to establish the necessary relationship to found vicarious liability against the respondent.

Jurisdiction
Australia
Judgment Date
16 May 2003
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed with costs.
Legal Topics
['vicarious Liability' 'independent Contractor Liability' 'failure to Prove Employment Relationship']
['negligence'] ['vicarious Liability' 'independent Contractor Liability' 'failure to Prove Employment Relationship']

Case Brief

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Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 ['Whether respondent was vicariously liable for person who threw tile' 'Whether appellant proved the relationship between the respondent and the person who caused injury']

Ratio Decidendi

The appellant failed to prove that the person who threw the tile and caused the injury was an employee or sub-contractor of the respondent. There was insufficient evidence to establish the necessary relationship to found vicarious liability against the respondent.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['Appeal dismissed with costs.']