Berkeley Challenge Pty Ltd v Blight; Tempo Services Pty Ltd v Blight

Berkeley Challenge Pty Ltd and Tempo Services Pty Ltd (the appellants) appealed to the New South Wales Court of Appeal against a decision of the Supreme Court of New South Wales. The dispute concerned the appellants' liability for damages suffered by Mr Blight (the respondent) as a result of a fall from a scaffold at a construction site. The respondent alleged negligence on the part of the appellants in their capacity as head contractors for the construction work.

The primary legal issues before the Court of Appeal were whether the appellants owed a duty of care to the respondent, and if so, whether they breached that duty, thereby causing the respondent's injuries. Specifically, the court had to consider the extent of the appellants' control over the work being performed by a subcontractor, and whether this control gave rise to a positive duty to ensure the safety of the respondent, who was an employee of that subcontractor.

The Court of Appeal found that the appellants, as head contractors, retained a sufficient degree of control over the construction site and the work being performed by the subcontractor to owe a duty of care to the respondent. This duty extended to taking reasonable steps to prevent foreseeable risks of injury. The court held that the appellants had breached this duty by failing to adequately supervise the subcontractor's work and by not ensuring that the scaffold was erected and maintained in a safe condition, which was a foreseeable risk given the nature of the work. The court applied the principles of negligence, particularly concerning the duty of care owed by a principal contractor to the employees of a subcontractor when the principal contractor retains a degree of control over the work.

The appeal was dismissed, with the Court of Appeal affirming the Supreme Court's finding of liability and upholding the damages awarded to the respondent.