Sawyer v Steeplechase Pty Ltd

[2025] QCA 2

Queensland Court of Appeal

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Interrogate

Catchwords

1. Tort
2. › Negligence
3. › Duty of care
4. › Principal contractor and independent contractor
5. › Whether principal contractor owed duty of care to employee of specialist subcontractor
6. › Whether engagement of competent specialist subcontractor discharged duty
7. › Whether presence of principal's workers on site created obligation to supervise or intervene
1. Appeal
2. › General civil appeal
3. › Application of established legal principles to facts
4. › Whether trial judge erred in finding no duty of care owed

Quick Take

A principal contractor who engages a competent specialist subcontractor, provides the relevant engineering plans, and does not retain supervisory control over the subcontractor's system of work does not owe a duty of care to the subcontractor's employees, even where the principal's workers are present on site and the subcontractor's SWMS does not expressly address all risks.

Case Details

Citation[2025] QCA 2

CourtQCA

JurisdictionQueensland

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Relies on3

2024Sawyer v Steeplechase Pty LtdQSC 142
2009Leighton Contractors Pty Ltd v Fox; Calliden Insurance Limited v FoxHCA 35
1986Stevens v Brodribb Sawmilling Company Pty LtdHCA 1

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