HC Buckman & Son Pty Ltd v Flanagan [1974] HCA 30

HC Buckman & Son Pty Ltd v Flanagan [1974] HCA 30

The statutory duties imposed by reg 73 fall, in relation to particular building work, on the person actually carrying out that work (including sub-contractors), not on the principal or head contractor when the work is performed independently by a subcontractor. However, when Buckman, through its servant, cut bolts affecting the stability of the stanchion, it undertook building work that could endanger safety under reg 73(17) and may have owed Flanagan a duty to warn; accordingly, the new trial is limited to that statutory count and the amount of damages.

Jurisdiction
Australia
Procedural Posture
Appeal / Decision on Appeal From the Court of Appeal Division of the Supreme Court of New South Wales
Outcome
Appeals allowed in part; new trial ordered only on specific issues.
Legal Topics
['negligence' 'breach of Statutory Duty' 'construction Law' 'regulations Under Scaffolding and Lifts Act 1912 (nsw)' 'liability of Contractors and Subcontractors' 'contributory Negligence' 'damages']
['tort Law' 'statutory Interpretation' 'workplace Safety'] ['negligence' 'breach of Statutory Duty' 'construction Law' 'regulations Under Scaffolding and Lifts Act 1912 (nsw)' 'liability of Contractors and Subcontractors' 'contributory Negligence' 'damages']

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Procedural Posture

Appeal / Decision on Appeal From the Court of Appeal Division of the Supreme Court of New South Wales

Legal Issues

  1. 1 ['Who bears statutory obligations under reg 73 of the Scaffolding and Lifts Act 1912 (NSW) when building work is performed by subcontractors?' 'Was Buckman or Shaw liable to Flanagan for breach of reg 73 or common law negligence?' "Is a subcontractor an 'agent' within the meaning of reg 73?" "Is Flanagan's own breach of statutory duty a bar to recovery?"]

Ratio Decidendi

The statutory duties imposed by reg 73 fall, in relation to particular building work, on the person actually carrying out that work (including sub-contractors), not on the principal or head contractor when the work is performed independently by a subcontractor. However, when Buckman, through its servant, cut bolts affecting the stability of the stanchion, it undertook building work that could endanger safety under reg 73(17) and may have owed Flanagan a duty to warn; accordingly, the new trial is limited to that statutory count and the amount of damages.

Court Disposition

Appeals allowed in part; new trial ordered only on specific issues.

Orders

  • ['Order of the Court of Appeal Division of the Supreme Court of New South Wales varied to confine the new trial to count 6 (reg 73(17) breach against Buckman) and damages.' "Buckman's appeal allowed with costs as to limitation of new trial." "Shaw's appeal allowed with costs; order of the Court of Appeal Division...