Recent Cases

Mt Owen Pty Ltd v Parkes [2023] NSWCA 77 (26 April 2023) (Brereton and Kirk JJA, Basten AJA)


Catchwords:


NEGLIGENCE – workplace injury – negligence of fellow worker conceded – vicarious liability – employee of labour hire company – employee working at premises of third party – whether host employer exercised control over negligent employee and work carried out – whether host employer vicariously liable

DAMAGES – duty of care to worker – breach of duty – duty of employer – duty of third party on whose premises work carried out – whether legal employer negligent – apportionment of liability between legal employer and host employer – whether legal employer’s non-delegable duty required apportion-ment of part of responsibility for injury to it