GRAHAM v. REMO CONSTRUCTIONS P/L & ANOR [2005] NSWCA 225

New South Wales Court of Appeal

CITATION: GRAHAM v. REMO CONSTRUCTIONS P/L & ANOR [2005] NSWCA 225

HEARING DATE(S): 03/06/2005

JUDGMENT DATE: 6 July 2005

JUDGMENT OF: Mason P at 1; Bryson JA at 2; Hislop J at 30

DECISION: Appeal dismissed with costs.

CATCHWORDS: NEGLIGENCE - employment (building site) - bricklayer in partly constructed residential building - worker exited from building by walking through opening for sliding door - worker claimed to have tripped on unstable metal cover placed over door runner (for glass door, not yet in place) - claim against employer (bricklayer subcontractor) and also against head contractor as occupier - DCJ did not accept worker's evidence of manner in which he tripped i.e. causation in instability in metal cover - unsuccessful challenge to findings - consideration of Betts v. Whittingslowe reasoning - decision on facts.

Fox v. Percy (2003) 77 ALJR 989 Betts v. Whittingslowe (1945) 71 CLR 637 CASES CITED: Bennett v Minister for Community Welfare (1992) 176 CLR 408 TC by his tutor Sabatino v. State of New South Wales [2001] NSWCA 380

Charles Graham – appellant PARTIES: Remo Constructions Pty Ltd – 1st respondent Richard Crookes Constructions Pty Ltd – 2nd respondent

FILE NUMBER(S): CA 40401/04

H Kelly SC and Shoebridge – appellant COUNSEL: J Catsanos – 1st respondent G Bateman – 2nd respondent

Taylor & Scott – appellant SOLICITORS: Hunt & Hunt – 1st respondent Moray & Agnew – 2nd respondent

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 11446 of 2001

LOWER COURT JUDICIAL OFFICER: Sidis DCJ