Leighton Contractors Pty Ltd v Fox
| Jurisdiction | Australia Federal only |
| Judge | French CJ,Gummow,Hayne,Heydon,Bell JJ |
| Judgment Date | 02 September 2009 |
| Neutral Citation | 2009-0902 HCA C,[2009] HCA 35 |
| Court | High Court |
| Docket Number | S528/2008 |
| Date | 02 September 2009 |
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17 firm's commentaries
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Building site accident - Was plaintiff an employee or deemed worker? - Causation
...Regulations (see for example, Elphick v Westfield Shopping Centre Management Company Pty Ltd 8). Footnotes 1 Adamson J 2 [2011] HCA 36 3 [2009] HCA 35 4 as per Gummow J in Roads and Traffic Authority (NSW) v Dederer [2007] 234 CLR 330 at 345 5 [2001] HCA 44; 207 CLR 21 6 [1986] HCA 1 at 31 ......
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Retrofitting 42 dump trucks with a safer access ladder at a cost of $850,000 was a reasonable precaution to be taken by a mining company
...whether a person has been negligent as set out in s 5B of the CLA: Reed v Warburton6. 1 McColl JA, Basten JA, Tobias AJA 2 [1986] HCA 1 3 [2009] HCA 35 4 [2007] HCA 42 5 [2011] NSWCA 76 6 [2011] NSWCA 98 Ranked No 1 - Australia's fastest growing law firm' (Legal Partnership Survey, The Aust......
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Narrow is the way that leadeth to liability: Miljus v Watpow Constructions Pty Ltd [2012] NSWCA 96
...be confined to those identified in Stevens v Brodribb Sawmilling Company Pty Ltd [1986] HCA 1 and in Leighton Contractors Pty Ltd v Fox [2009] HCA 35. In this regard, attempts to widen these exceptions by reference to statutory provisions or industry codes of practice are unlikely to meet w......
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Principal contractor owed no duty of care to subcontractor's employee: Vella's Plant Hire Pty Ltd v Mistranch Pty Ltd & Ors [2012] QSC 77
...requires specialised equipment and which lends itself to being carried out by independent contractors.5 Footnotes 1 (1986) 160 CLR 16 2 (2009) 240 CLR 1 3 Vella's Plant Hire Pty Ltd v Mistranch Pty Ltd & Ors [2012] QSC 77 at 4 Amaca Pty Ltd v NSW [2004] NSWCA 124; Sydney Water Corporati......
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1 books & journal articles
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The site
...in the circumstances of the present case, could be described as an extra-hazardous activity” (this statement was not doubted on appeal [2009] hCa 35). Nor will the creation of dust in cutting concrete blocks be regarded as “exceptionally dangerous”: Tinseltime Ltd v Roberts [2011] BLr 515 a......