Insurance Law

Contact: Carter Newell (Queensland, Australia)

Day v Ocean Beach Hotel Shellharbour Pty Ltd [2013] NSWCA 250

Introduction

The New South Wales Court of Appeal has confirmed that:

• Only in rare cases will a hotelier (or any principal) be held vicariously liable for the conduct of an independently contracted security guard (or any contractor); and
• The common law in Australia does not allow 'dual vicarious liability' for two unconnected defendants: for example, a hotelier and an independently contracted security company.

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