Multiplex Constructions (NSW) P/L v Lopez & 1 Ors [2004] NSWCA 319

New South Wales Court of Appeal

CITATION : Multiplex Constructions (NSW) P/L v Lopez & 1 Ors [2004] NSWCA 319 HEARING DATE(S) : 25 June 2004 JUDGMENT DATE : 13 September 2004

JUDGMENT OF : Handley JA at 1; Beazley JA at 12; Santow JA at 13 DECISION : (1) The appeal is dismissed; (2) The appellant to pay the costs of this appeal.

CATCHWORDS : LIABILITY - injuries suffered when employee slipped on water and mud on worksite en route to where he was to perform his duties as a bricklayer - whether duty of care owed by appellant/ head contractor to first respondent/ employee of negligent sub-contractor for injuries suffered by that employee - extent and nature of duty of care - if breach occurred was it causative of employee's injury - underlying medical condition - Whether breach of regulation 73 of Construction Safety Act 1912. DAMAGES - appeal against damages awarded, both general and, past and future economic loss. LEGISLATION CITED : Construction Safety Act 1912 Construction Safety Regulations 73(2) Davey v Skinner (1960) 61 SR (NSW) 648 CASES CITED : H C Buckman and Son Pty Ltd v Flanagan (1974) 133 CLR 422 Stevens v Brodribb Sawmilling Co Limited (1985) 160 CLR 16 TNT Australia Pty Limited v Christie [2003] NSWCA 47 MULTIPLEX CONSTRUCTIONS (NSW) PTY (Appellant) PARTIES : Camilo LOPEZ (First Respondent) PICT BRICKLAYERS PTY LIMITED (Second Respondent) FILE NUMBER(S) : CA 40462/03 M L WILLIAMS, SC/ R S SHELDON (Appellant) COUNSEL : M I BOZIC, SC/ D SHOEBRIDGE (First Respondent) C R R HOEBEN, SC/ C BUTLER (Second Respondent) Phillips Fox (Appellant) SOLICITORS : Taylor & Scott (First Respondent) P W Turk & Associates (Second Respondent)