Jacob v Utah Construction & Engineering Pty Ltd [1966] HCA 67

Jacob v Utah Construction & Engineering Pty Ltd [1966] HCA 67

By majority, regs. 73 (1), 73 (2) and 73 (3) each sufficiently specified safeguards or measures for securing the safety of persons engaged in building work within s. 22 (2) (g) (v) of the Scaffolding and Lifts Act, 1912 N.S.W. Regulation 73 (1) required provision of scaffolding with specified qualities; reg. 73 (2) required provision and maintenance of safe means of access; and reg. 73 (3) required fencing or other means to guard against falls from more than six feet. Utah Construction & Engineering Pty. Ltd. v. Pataky, which concerned reg. 98 and a provision stating only an end of safety, did not require those sub-regulations to be held invalid. The demurrers therefore should not have...

Jurisdiction
Australia
Procedural Posture
Appeal Concerning Demurrers to Counts Alleging Breach of Statutory Regulations / High Court of Australia Appeal From the Court of Appeal of the Supreme Court of New South Wales, Which Had Upheld Demurrers to the Second, Third and Fourth Counts of the Declaration
Outcome
Appeal allowed with costs.
Legal Topics
['validity of Delegated Legislation' 'scaffolding and Lifts Regulations' 'breach of Statutory Duty' 'demurrer' 'safe Scaffolding and Access' 'fall Prevention Safeguards']
['administrative Law' 'statutory Interpretation' 'workplace Safety' 'torts'] ['validity of Delegated Legislation' 'scaffolding and Lifts Regulations' 'breach of Statutory Duty' 'demurrer' 'safe Scaffolding and Access' 'fall Prevention Safeguards']

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Procedural Posture

Appeal Concerning Demurrers to Counts Alleging Breach of Statutory Regulations / High Court of Australia Appeal From the Court of Appeal of the Supreme Court of New South Wales, Which Had Upheld Demurrers to the Second, Third and Fourth Counts of the Declaration

Legal Issues

  1. 1 ['Whether regs. 73 (1), 73 (2) and 73 (3) of the Scaffolding and Lifts Regulations were authorised by s. 22 (2) (g) (v) of the Scaffolding and Lifts Act, 1912 N.S.W.' 'Whether the regulations prescribed safeguards or measures for securing the safety or health of persons engaged in building work, rather than merely stating an end to be achieved.' 'Whether Utah Construction & Engineering Pty. Ltd. v. Pataky required Australian Iron and Steel Ltd. v. Ryan to be treated as wrongly decided in relation to reg. 73 (2).' 'Whether the Court of Appeal was bound by Australian Iron and Steel Ltd. v. Ryan on the validity of reg. 73 (2).']

Ratio Decidendi

By majority, regs. 73 (1), 73 (2) and 73 (3) each sufficiently specified safeguards or measures for securing the safety of persons engaged in building work within s. 22 (2) (g) (v) of the Scaffolding and Lifts Act, 1912 N.S.W. Regulation 73 (1) required provision of scaffolding with specified qualities; reg. 73 (2) required provision and maintenance of safe means of access; and reg. 73 (3) required fencing or other means to guard against falls from more than six feet. Utah Construction & Engineering Pty. Ltd. v. Pataky, which concerned reg. 98 and a provision stating only an end of safety, did not require those sub-regulations to be held invalid. The demurrers therefore should not have...

Court Disposition

Appeal allowed with costs.

Orders

  • ['Order of Supreme Court set aside.' 'In lieu thereof, order that judgment in demurrer be entered for the plaintiff on the second, third and fourth counts of the declaration.']