Millington v. Wilkie t/as Max Wilkie Plumbing Services & Anors. [2005] NSWCA 45

Reported Decision : 62 NSWLR 322

New South Wales Court of Appeal

Millington v. Wilkie t/as Max Wilkie Plumbing Services & Anors. [2005] NSWCA 45 CITATION: This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 18 February 2005

JUDGMENT DATE: 8 March 2005

JUDGMENT OF: Giles JA at 1; Hodgson JA at 2; Ipp JA at 48

DECISION: Appeal dismissed with costs.

CATCHWORDS: EMPLOYER AND EMPLOYEE - Statutory duty - Employer in breach of statutory duty by reason of conduct of employee - Nothing done or omitted by employer contributing to the breach - Whether employer liable in damages to that employee.

Construction Safety Act 1912 (NSW) s.3 LEGISLATION CITED: Construction Safety Regulations 1950 regs.73, 80, 141

Andar Transport Pty. Ltd. v. Brambles Ltd. [2004] HCA 28 Boyle v. Kodak Ltd. [1969] 1 WLR 661 Brancato v. Australian Telecommunications Commission (1986) 7 NSWLR 30 CIC Insurance Ltd. v. Bankstown Football Club Ltd. (1997) 187 CLR 384 Fuller v. New South Wales Department of School Education & Training [2004] NSWCA 242 Ginty v. Belmont Building Supplies Ltd. [1959] 1 All ER 414 CASES CITED: H.C. Buckman & Son Pty. Ltd. v. Flannagan (1974) 133 CLR 422 March v. E. & M.H. Stramare Pty. Ltd. (1991) 171 CLR 506 McDougall v. Carlevski (1996) 40 NSWLR 930 Network Ten Pty. Ltd. v. TCN Channel Nine Pty. Ltd. (2004) 205 ALR 1 Nicol v. Allyacht Spars Pty. Ltd. (1987) 163 CLR 611 Ross v. Associated Portland Cement Ltd. [1064] 1 WLR 768 Shedlezki v. Bronte Bakery Pty. Ltd (1970) 72 SR(NSW) 378