Leighton Contractors Pty Ltd v Fox

Torts – Negligence - Duty of care - Independent subcontractor suffered injury resulting from negligent conduct of co-subcontractor - Whether induction training in industry approved code of practice would have avoided cause of injury - Whether principal contractor for construction work owes duty to provide, or be satisfied of the prior provision of, training in safe work methods to independent contractors working on construction site - Whether contractor retained to carry out concreting owes duty to provide training in safe work methods to independent subcontractor engaged by it to carry out concrete pumping - Whether obligations imposed on principal contractor and contractor under the Occupational Health and Safety Act 2000 (NSW) and the Occupational Health and Safety Regulation 2001 (NSW) give rise to a common law duty requiring for its discharge the provision of occupational health and safety induction training in respect of safe work methods of carrying out specialised tasks.

Occupational Health and Safety Act 2000 (NSW).

Occupational Health and Safety Regulation 2001 (NSW) – Pt 8.2.

Code of Practice Pumping Code (NSW).

Code of Practice Occupational Health and Safety Induction Training for Construction Work (NSW).