NSW Caselaw
Appeal Outcome: Special leave refused with costs by the High Court - 14 December 2007
New South Wales Court of Appeal
CITATION: J Blackwood & Son Steel & Metals Pty Ltd v Nichols & Anor [2007] NSWCA 157
HEARING DATE(S): 12 June 2007
JUDGMENT DATE: 4 July 2007
JUDGMENT OF: Mason P at 1; Tobias JA at 2; Handley AJA at 92
DECISION: (a) Appeal allowed; (b) Set aside the judgment in favour of the first respondent against the appellant entered by Acting Judge McGrowdie on 19 September 2006 and in lieu thereof enter judgment for the appellant against the first respondent; (c) Set aside the judgment entered by Acting Judge McGrowdie on 19 September 2006 in favour of the appellant against the second respondent on the appellant's cross-claim and in lieu thereof order that that cross-claim be dismissed with costs; (d) The first respondent to pay the appellant's costs of the proceedings in the District Court and of the appeal against the judgment in favour of the first respondent but with respect to the latter to have a certificate under the Suitor's Fund Act, 1951 if otherwise qualified; (e) The appellant to pay the second respondent's costs of the appeal
CATCHWORDS: NEGLIGENCE - Duty of Care - Liability of principal for employee of contractor - Failure to provide a safe system of work - Where manner of performing a task left to the contractor - Safe access to place of work - meaning of "place of work" - Occupational Health & Safety Regulation 2001 cl 39
LEGISLATION CITED: Law Reform (Miscellaneous Provisions) Act 1946 Occupational Health & Safety Regulation 2001
Australian Iron & Steel Pty Ltd v Luna (1969) 123 CLR 305 Electric Power Transmission Pty Ltd v Cuiuli (1961) 104 CLR 177 Humberstone v Northern Timber Mills (1949) 79 CLR 389 ICI ANZ v Murphy (1973) 47 ALJR 122 National Transport Insurance Ltd v Chalker [2005] NSWCA 62 CASES CITED: Pack-Tainers Pty Ltd v Moore [2005] NSWCA 43 Rockdale Beef Pty Ltd v Carey [2003] NSWCA 132 Stevens v Brodribb Sawmilling Co Pty Ltd (1986) 160 CLR 16 Thompson v Woolworths (Qld) Pty Ltd [2005] HCA 19; (2005) 221 CLR 234 TNT Australia Pty Ltd v Christie [2003] NSWCA 47; (2003) 65 NSWLR 1 Van Der Sluice v Display Craft Pty Ltd [2002] NSWCA 204
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