What happened

On 19 June 2020 a worker fell into a drain while walking across a garage floor at a residential building site. His subcontractor employer laid the plastic, but the builder's director was found to know that the drain lacked an adequate cover. The Workers Compensation Nominal Insurer was involved because the employer lacked the required insurance.

The issues

The central question was whether the builder could rely on a competent subcontractor to address the danger. The court also considered concurrent causation and the treatment of damages and compensation payments in claims against an employer and a third party.

The court's decision

The court distinguished supervision of specialist work from the occupier's general duty to site entrants. The pre-existing inadequately covered drain engaged that general duty, and the builder's breach contributed to the injury. The 50:50 allocation with the employer remained; judgment sums were adjusted by agreed statutory calculations and a later decision determined appeal costs.

Understanding the figures

The historical AUD judgment sums became $839,869.04 against the builder and $619,925 against the employer. They cannot be added as a net recovery. On 2 September 2024 the court ordered the builder to pay the respondents' appeal costs, except that the worker had to pay the builder's costs of his indemnity-costs application.

What this case shows

Employing a subcontractor does not eliminate every duty owed by the builder or occupier. The distinction between a risk arising from specialist work and a general site hazard, together with knowledge and pleading admissions, was decisive.

Why another case may differ

The decision concerns the interaction of the Civil Liability Act 2002 (NSW) and Workers Compensation Act 1987 (NSW) for a 2020 accident. Judgments against the defendants are not cumulative take-home awards, and compensation repayments matter. The source contains inconsistent figures for the contribution order, which is therefore not quantified here.

Applying it to your claim

Different facts, evidence or procedures, an appeal, or a change in the law may affect how this decision applies. This is general information, not a report of a case handled by Park & Co Lawyers.

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