Mambare Pty Ltd trading as Valley Homes v Rebecca Irene Bell in her capacity as Administratrix of the Estate of the Late Simon James Bell & Anor [2006] NSWCA 332

Reported Decision : (2006) Aust Torts Reports 81-867

New South Wales Court of Appeal

CITATION: Mambare Pty Ltd trading as Valley Homes v Rebecca Irene Bell in her capacity as Administratrix of the Estate of the Late Simon James Bell & Anor [2006] NSWCA 332

HEARING DATE(S): 13 June 2006

JUDGMENT DATE: 27 November 2006

JUDGMENT OF: Handley JA at 1; Hodgson JA at 41; Basten JA at 42

DECISION: 1. Appeal allowed in part.; 2. Judgment in the District Court in favour of the plaintiff set aside.; 3. In lieu thereof judgment entered for the defendant in the action with costs.; 4. The first respondent to pay the appellant's costs of the appeal.; 5. Appeal against the judgment for the cross-defendant dismissed with costs.; 6. The first respondent is to have a certificate under the Suitors' Fund Act 1951.

CATCHWORDS: NEGLIGENCE – employer of independent contractors – no duty of constant supervision - NEGLIGENCE – employer of independent contractors – no duty to ensure independent contractor has adequate and proper equipment - VICARIOUS LIABILITY – employer not liable for unauthorised acts of independent contractor

Burnie Port Authority v General Jones Pty Ltd (1994) 179 CLR 520 CASES CITED: Hetherington v Mirvac Pty Ltd [1999] Aust Torts Rep 81-514 Steinberg v FCT (1975) 134 CLR 640 Stevens v Brodribb Sawmilling Co Pty Ltd (1986) 160 CLR 16

Mambare Pty Ltd trading as Valley Homes (Appellant) PARTIES: Rebecca Irene Bell in her capacity as Administratrix of the Estate of the Late Simon James Bell (First Respondent) A Quality Bricklaying Pty Ltd (Second Respondent)

FILE NUMBER(S): CA 40446 of 2004

B Toomey QC/W Fitzsimmons (Appellant) COUNSEL: H Marshall SC/A Martin (First Respondent) M J Neil QC/K Morrissey (Second Respondent)