A principal who directs a subcontractor's employee to perform a task using equipment the principal knows to be defective owes a duty of care to that employee, particularly where the employee is vulnerable and has no choice but to comply. The House v The King principles govern appellate review of apportionment decisions under s 151Z of the Workers Compensation Act 1987 (NSW). Where negligence consists of a positive direction rather than an omission, causation is established by asking whether the harm would have occurred absent the direction, not by reference to what warnings might have been given.
The full text is available to signed-in members, including the 9 later cases that cite this judgment.
2 of the 9 citing cases carry a classified treatment. How each court treated it is available to signed-in members.