Value Constructions Pty Ltd v Badra

[2024] NSWCA 181

NSW Court of Appeal

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Interrogate

Catchwords

1. Negligence
2. › Duty of care
3. › Occupier's liability
4. › Duty of occupier to employee of subcontractor on construction site
5. › Whether occupier entitled to assume competent contractor would address risk
6. › Whether occupier's duty extends to pre-existing hazards on site
7. › Civil Liability Act 2002 (NSW), s 5B
1. Negligence
2. › Causation
3. › Factual causation under statute
4. › Whether negligence was a necessary condition of the occurrence of harm
5. › Whether proximate cause is the relevant test
6. › Material contribution to harm
7. › Civil Liability Act 2002 (NSW), s 5D
1. Workers Compensation
2. › Common law remedies
3. › Damages payable by non-employer tortfeasor
4. › Proper operation of s 151Z(2)
5. › Calculation of damages recoverable from third party tortfeasor
6. › Workers Compensation Act 1987 (NSW), ss 151A, 151Z

Quick Take

An occupier cannot avoid liability for pre-existing hazards on site by arguing that a competent independent contractor should have addressed the risk; the occupier's general duty of care to entrants extends to such hazards.

Case Details

Citation[2024] NSWCA 181

CourtNSWCA

JurisdictionNew South Wales

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Cited by4

2024Insurance Australia Ltd t/as NRMA Insurance v KirkpinarNSWSC 162
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