CLA: liability for one independent contractor harming another

 Wooby v Australian Postal Corporation [2013] NSWCA 183 
Catchwords
 
NEGLIGENCE – duty of care – scope of duty – whether respondent owed appellant duty to ensure safe work conditions – where appellant worked as independent contractor – relevance of cases concerning principal’s liability for negligence of one independent contractor harming another – duty of care – scope of duty – whether respondent owed duty to independent contractor to ensure safe work conditions – where respondent occupied premises – appellant injured whilst unloading parcels on respondent’s premises – appellant contracted to work solely for contractor to respondent -appellant not exercising specialist skills – appellant injured during course of work which was part of system devised and controlled by respondent – where respondent knew of the risks which materialised – whether duty affected by terms of contract – breach of duty – adequacy of precautions against risk which materialised – appellant injured whilst lifting parcels pursuant to contract with respondent – respondent placed stickers on parcels indicating that they were heavy – respondent required principal contractor to accept responsibility for safe handling of parcels – additional precautions within primary control of respondent – additional precautions not unreasonably burdensome
David Cormack – Brisbane Barrister.

Related Posts

Recent Comments

    Categories