Cgu Insurance Limited v Coote (by His Next Friend Stephen Desmond Coote)

[2018] WASCA 117

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Tort
2. › Negligence
3. › Duty of care
4. › Principal contractor organising activity involving independent contractors
5. › Duty to use reasonable care to avoid unnecessary risks of injury
6. › Whether breach by failure to ensure workplace safe for workers of subcontractors
7. › Whether failure to cover or mesh damaged skylights constituted breach
8. › Civil Liability Act 2002 (WA), s 5B
1. Tort
2. › Negligence
3. › Breach of duty
4. › Foreseeability of risk
5. › Whether risk that dogman would go onto roof and fall through damaged skylight was foreseeable
6. › Whether risk was far-fetched or fanciful
7. › Civil Liability Act 2002 (WA), s 5B(1)(a)
1. Tort
2. › Negligence
3. › Apportionment of liability between tortfeasors
4. › Broad discretion of trial judge
5. › Whether apportionment so unreasonable as to manifest error
6. › Law Reform (Contributory Negligence and Tortfeasors' Contribution) Act 1947 (WA), s 7
1. Appeal
2. › Standard of appellate review
3. › Challenges to findings of fact
4. › Whether findings open on the evidence

Quick Take

A principal contractor who organises an activity involving multiple independent contractors on a site with known hazards may breach its duty of care by failing to make the site safe (e.g., covering or meshing damaged skylights), even where the contractors are competent to control their own systems of work. The duty does not require on-site supervision but does require ensuring the workplace is safe before work begins. Apportionment of liability between tortfeasors under s 7 of the Law Reform (Contributory Negligence and Tortfeasors' Contribution) Act 1947 (WA) involves a broad discretion that will rarely be disturbed on appeal.