Strategic Formwork Pty Ltd v Hitchen

[2018] NSWCA 54

NSW Court of Appeal

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Interrogate

Catchwords

1. Negligence
2. › Duty of care
3. › Novel categories of duty
4. › Integrated business operations
5. › Company exercising control over operations at another company's premises
6. › Whether controlling company owes duty of care to employee of controlled company regarding occupational health and safety
1. Negligence
2. › Duty of care
3. › Salient features analysis
4. › Risk of treating salient features as a checklist
5. › Caltex Refineries v Stavar (2009) 75 NSWLR 649
1. Negligence
2. › Apportionment of responsibility
3. › Whether trial judge's apportionment within reasonable range
4. › Standard of appellate review of apportionment
1. Negligence
2. › Damages
3. › Economic loss
4. › Loss of earning capacity
5. › Plaintiff resident in foreign jurisdiction
6. › Assessment of superannuation loss under foreign law
7. › Civil Liability Act 2002 (NSW), ss 13, 16

Quick Take

Where two companies run an integrated business operation and one exercises control over the other's operations including occupational health and safety, the controlling company may owe a duty of care to the controlled company's employees, regardless of the formal corporate separation.