Lipman Pty Ltd v McGregor & Ors [2004] NSWCA 6
The appellant was liable in tort as its employees failed to ensure safety tape was in place, leading to an unsafe staircase. The second respondent had not breached its duty of care as the injury did not arise from defective equipment it supplied; indemnity was not available as the injury did not arise out of 'Works' as defined in the contract.
- Jurisdiction
- Australia
- Judgment Date
- 15 March 2004
- Procedural Posture
- Appeal / Judgment
- Outcome
- Appeal dismissed with costs.
- Legal Topics
- ['negligence' 'non Delegable Duty of Care' 'contractual Interpretation' 'indemnity Clauses' 'personal Injury' 'construction and Interpretation of Contracts']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Appeal / Judgment
Legal Issues
- 1 ['Whether the head contractor (appellant) was liable in tort for injuries sustained by the respondent' 'Whether the employer subcontractor (2nd respondent) breached its non-delegable duty of care' 'Whether indemnity under subcontract extended to injury sustained' 'Whether failure to refer to certain evidence in reasons was error']
Ratio Decidendi
The appellant was liable in tort as its employees failed to ensure safety tape was in place, leading to an unsafe staircase. The second respondent had not breached its duty of care as the injury did not arise from defective equipment it supplied; indemnity was not available as the injury did not arise out of 'Works' as defined in the contract.
Court Disposition
Appeal dismissed with costs.
Orders
- ['Appeal dismissed.' "Applicant to pay respondents' costs."]
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