The Uniting Church v Takacs [2008] NSWCA 141

Appeal Outcome: Special leave application refused with costs by the High Court – 14 November 2008

New South Wales Court of Appeal

CITATION: The Uniting Church v Takacs [2008] NSWCA 141

HEARING DATE(S): 6 February 2008

JUDGMENT DATE: 20 June 2008

JUDGMENT OF: Hodgson JA at 1; McColl JA at 61; Basten JA at 83

(1) Appeal allowed. DECISION: (2) Judgment below set aside. (3) In lieu thereof judgment for the Trust and order that the plaintiff pay the Trust's costs of the proceedings. (4) Order that the plaintiff pay the Trust costs of the appeal and have a certificate under the Suitor's Fund Act if otherwise eligible.

CATCHWORDS: TORTS – Personal injury – Breach of statutory duty – Negligence – Construction Safety Act 1912 – Construction Safety Regulations 1950, Regs 73 and 74 – Painting contractor engaged to measure and quote – Whether "construction work" – Whether construction work carried out by owner – Whether owner in charge of construction work – Contractor falls from roof – Whether owner negligent.

Civil Liability Act, Sch 1, Pt 3, cl 6 Civil Liability Amendment (Personal Responsibility) Act 2002 (NSW), s 4(1) and Sch 3 Construction Safety Act 1912 (NSW) s 3, s 22 Construction Safety Regulations 1950 (NSW) regs 73 and 74 LEGISLATION CITED: Law Reform (Miscellaneous Provisions) Act 1965 (NSW) s 7 Interpretation Act 1987 (NSW), s 33 Occupational Health and Safety Act 2000 (NSW), s 139 and Sch 1, Sch 3, cll 3(c) and 4 Scaffolding and Lifts Act 1912 (NSW) Scaffolding and Lifts (Amendment) Act 1978 (NSW), Sch 1, cl 2 Statutory Duties (Contributory Negligence) Act 1945 (NSW)