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

NSW Court of Appeal

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Interrogate

Catchwords

1. Negligence
2. › Duty of care
3. › Head contractor and independent contractors
4. › Duty to establish safe system of work
5. › Scope of duty to coordinate subcontractors
6. › Whether duty extends to ensuring subcontractors have adequate equipment on site
1. Negligence
2. › Duty of care
3. › Head contractor and independent contractors
4. › Duty of supervision
5. › Whether head contractor has duty of constant supervision once work organised
1. Tort
2. › Vicarious liability
3. › Independent contractors
4. › Unauthorised acts
5. › Whether head contractor vicariously liable for unauthorised acts of independent contractor's employees

Quick Take

A head contractor's duty to establish a safe system of work for subcontractors and their employees does not extend to a duty of constant supervision once work has been organised and subcontractors can work safely side by side. Nor does it extend to ensuring that independent subcontractors have adequate equipment and scaffolding on site for their part of the job. A head contractor is not vicariously liable for the unauthorised acts of independent contractors, such as borrowing scaffolding from another trade.