M. & D.J. BOSSIE PTY. LIMITED V. BLACKMAN

IN THE HIGH COURT OF AUSTRALIA

BOSSI PIY. LIMITED

BLACKMA!

Judgment delivered at_Sye

on... Friday, bth Dec

M. & D. J. BO

BLACHAN

ORDER

Appeal dismissed with costs.

U.& Dd. J.

JUDGMENT

Me. & D. J. BOSSIN POY, LIMITE!

Ve

I am of opinion that the decision of the trial judge is right both on the question of liability end of damages and the appeal should be dismissed. I agree in the reasons for judgment

of my brother Kitto.

M. & D. Jd. BOSSIB PTY. LIMITED

Ve

BLACKMAN

JUDGMENT KITTO J.

M. & D. J. BOSSIE PLY. LIMITED

Ve

BLACKMAN

The respondent was injured by a fall which he sustained while assisting in the erection of a factory building having a type of saw-tooth roof. The roof was substantially flat except that at intervals of 20 feet or so, looking at it end on, there was a raised lantern or monitor of rectangular cross-section extending back along the whole length of the building. On the north side the lanterns provided ventilation for the building and on the south side they provided light. Each lantern was 4 or 5 feet high and about 8 feet wide. Its roof and sides were designed to be covered with corrugated asbestos cement, and its ends with flat asbestos cement sheeting. The ends of the lanterns were in the same vertical plane as the end walls of the building itself.

At the time of the accident the respondent was engaged. in the work of fixing the corrugated asbestos cement to the roof and sides of one of the lanterns. He was in the employment of a company which had entered into a sub-contract with the builder to do that part of the work of construction. The end of the lantern was as yet uncovered. To cover it was outside the sub-contract: it was to be attended to by workmen employed by the head contractor, the builder, who is here the appellant.

While the respondent and his fellow employees of the sub-contractor were going about their work, the head contractor's men were going about theirs. The respondent had occasion in the course of his work to move from one side of a lantern to the other. There were several ways in which he might do it. He might climb over the roof of the lantern, but some at least of the asbestos roofing was in position, and there was a possibility of breaking it. He