Mt Owen Pty Ltd v Parkes

[2023] NSWCA 77

NSW Court of Appeal

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Interrogate

Catchwords

1. Negligence
2. › Workplace injury
3. › Vicarious liability
4. › Labour hire arrangements
5. › Employee of labour hire company working at premises of host employer
6. › Whether host employer exercised sufficient control over negligent employee to be vicariously liable
7. › Transfer of employment pro hac vice
1. Negligence
2. › Workplace injury
3. › Duty of care
4. › Employer's non-delegable duty
5. › Labour hire company as legal employer
6. › Whether legal employer breached duty of care where host employer prepared job safety analysis
7. › Whether deficiency in job safety analysis was causative of injury
1. Negligence
2. › Workplace injury
3. › Apportionment of liability
4. › Between host employer and legal employer
5. › Whether legal employer's non-delegable duty required apportionment of part of responsibility to it

Quick Take

The 'exceptional circumstances' threshold for transfer of vicarious liability may be more readily satisfied in modern labour hire contexts, particularly where the host employer exercises detailed control through job safety analyses and on-site supervision.