Read the full judgment text of CACV 000085/1997 on BabelCite. This Court of Appeal judgment was delivered on 19 June 1997 before Mortimer, J.A., Godfrey, J.A., Cheung, J..
Civil procedure – striking out – vicarious liability – indecent assault by employee – course of employment – question of fact – appeal allowed – The plaintiff alleged that a security guard indecently assaulted her while she was waiting for the elevator after seeking his assistance. The lower court struck out the allegation that the assault was in the course of employment, holding the claim could not succeed. The Court of Appeal held that whether an act is done in the course of employment is a question of fact, not law, and the pleaded facts did not rule out the possibility. The appeal was allowed and the striking-out order set aside, with the matter to proceed to trial.
Legal issues: Vicarious liability for indecent assault by employee
Outcome: Appeal allowed; order of the judge below set aside.