Lloyd v Ryan Borg by his Tutor NSW Trustee and Guardian [2013] NSWCA 245

Lloyd v Ryan Borg by his Tutor NSW Trustee and Guardian [2013] NSWCA 245

In the absence of any appointment, engagement, request, or real and effective control by the owner, and given the entirely domestic context, the owner of the vehicle is not vicariously liable at common law for the acts of a person who is merely permitted to use it and allows a third party to drive in circumstances leading to injury.

Jurisdiction
Australia
Judgment Date
01 August 2013
Procedural Posture
Appeal / Application for Leave to Appeal and Appeal on Liability
Outcome
Appeal allowed
Legal Topics
['vicarious Liability' "liability for Others' Negligence" 'motor Vehicle Accidents']
['torts' 'negligence'] ['vicarious Liability' "liability for Others' Negligence" 'motor Vehicle Accidents']

Case Brief

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Procedural Posture

Appeal / Application for Leave to Appeal and Appeal on Liability

Legal Issues

  1. 1 ['Whether the owner of a motor vehicle is vicariously liable for the negligence of a person authorised to use the vehicle in allowing an inexperienced third party to drive it' 'Application of the principle in Soblusky v Egan to a domestic, non-commercial setting']

Ratio Decidendi

In the absence of any appointment, engagement, request, or real and effective control by the owner, and given the entirely domestic context, the owner of the vehicle is not vicariously liable at common law for the acts of a person who is merely permitted to use it and allows a third party to drive in circumstances leading to injury.

Court Disposition

Appeal allowed

Orders

  • ['Leave to appeal granted' 'Applicant directed to file a notice of appeal within 14 days' 'Appeal allowed' 'Orders of Judge McLoughlin on 26 July 2012 set aside' 'Judgment for the defendant against the plaintiff' 'Plaintiff to pay costs of the defendant' "Respondent to pay applicant's costs on appeal"]