Title: Sawyer v Steeplechase Pty Ltd [2024] QSC 142
Date: 24 July 2024
Key Parties:
Worker: Luke Sawyer
Defendants:
Principal contractor: Steeplechase Pty Ltd trading as SWConstructions (SWC)
Sub-contractor: Cretek Concreting
Background
Incident: Worker, Luke Sawyer, filed a negligence claim for personal injuries while working as a concreter.
Specific Incident: On 22 August 2016, Sawyer was injured lifting 105kg concreting mesh.
Over Time Injury: Claim of ongoing lower back injury and psychiatric injury from 22 August 2016 to 3 July 2017.
Breach Admission: Cretek admitted breach of duty for the 22 August incident but disputed medical causation and assessment of damages.
Liability Discussion
Claim Against SWC: Sawyer alleged SWC breached duty of care by not ensuring a safe work system.
Court's Analysis:
Justice Crowley evaluated whether SWC owed a duty of care using several precedents (e.g., Leighton Contractors v Fox).
Determination depended on the relationship and circumstances between SWC and Cretek.
Outcome:
Justice Crowley found no duty of care by SWC due to:
Cretek's control over its work and labor.
No need for SWC to coordinate or supervise Cretek's specific tasks.
SWC was not liable for Sawyer's injuries.
Implications & Notable Points
Principal Contractor's Duty: A principal contractor's duty to ensure a safe work system varies with the degree of control over the sub-contractor's activities.
Witness Credibility: Court assesses witness reliability based on honesty, document consistency, and clear recollection.
Economic Capacity: Despite injuries, the worker was deemed able to work 2-3 days a week in a light role, impacting future economic loss evaluation.