Leighton Contractors Pty Ltd v Fox [2009] HCA 35

HIGH COURT OF AUSTRALIA

FRENCH CJ,

GUMMOW, HAYNE, HEYDON AND BELL JJ

Matter No S528/2008

LEIGHTON CONTRACTORS PTY LTD APPELLANT

AND

BRIAN ALLAN FOX AND ORS RESPONDENTS

Matter No S534/2008

CALLIDEN INSURANCE LIMITED (ACN 004 125 268) APPELLANT

AND

BRIAN ALLAN FOX AND ORS RESPONDENTS

Leighton Contractors Pty Ltd v Fox

Calliden Insurance Limited v Fox

[2009] HCA 35

2 September 2009

S528/2008 & S534/2008

ORDER

In each matter, order:

1. Appeal allowed.

2. Set aside orders 1 and 5 of the orders of the Court of Appeal of the Supreme Court of New South Wales made on 7 March 2008, and in lieu thereof order that the appeals to that Court be dismissed.

3. Appellant to pay the costs of the first respondent of the appeal to this Court.

On appeal from the Supreme Court of New South Wales

Representation

B W Walker SC with W S Reynolds for the appellant in S528/2008 and the second respondent in S534/2008 (instructed by Moray & Agnew Solicitors)

J E Maconachie QC with R G Gambi for the appellant in S534/2008 and the second respondent in S528/2008 (instructed by Wotton & Kearney)

M J Cranitch SC with R C Tonner for the first respondent in both matters (instructed by Walkom Lawyers)

No appearance for the third respondent in both matters

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Leighton Contractors Pty Ltd v Fox

Calliden Insurance Limited v Fox

Torts – Negligence – Duty of care – Independent subcontractor suffered injury resulting from negligent conduct of co-subcontractor – Whether induction training in industry approved code of practice would have avoided cause of injury – Whether principal contractor for construction work owes duty to provide, or be satisfied of the prior provision of, training in safe work methods to independent contractors working on construction site – Whether contractor retained to carry out concreting owes duty to provide training in safe work methods to independent subcontractor engaged by it to carry out concrete pumping – Whether obligations imposed on principal contractor and contractor under the Occupational Health and Safety Act 2000 (NSW) and the Occupational Health and Safety Regulation 2001 (NSW) give rise to a common law duty requiring for its discharge the provision of occupational health and safety induction training in respect of safe work methods of carrying out specialised tasks.