Bhambra v Roet

In *Bhambra v Roet*, the New South Wales Court of Appeal considered a claim brought by a builder who sustained injuries while renovating a house. The builder alleged negligence and breach of statutory duty against the owners and occupiers of the property. The central dispute revolved around the owners' alleged failure to provide adequate safety measures, specifically safety rails and a safety harness, during the renovation work.

The Court was required to determine whether the owners, as occupiers, had breached their statutory duty of care to the builder. A key legal issue was whether the builder had in fact carried out construction work in a manner that engaged the relevant statutory provisions. Furthermore, the Court had to consider whether the appellant (the builder) should be permitted to raise new arguments on appeal that had not been considered by the trial court.

The Court found that the owners had indeed breached their statutory duty. It reasoned that the owners, by virtue of their occupation of the premises, owed a duty to ensure the safety of those working on their property. The failure to erect safety rails and provide a safety harness constituted a breach of this duty. The Court also determined that the work undertaken by the builder qualified as construction work for the purposes of the relevant legislation. The Court allowed the appeal, setting aside the original verdict and judgment in favour of the builder and entering judgment for the owners. The builder was ordered to pay the owners' costs of both the appeal and the proceedings in the court below.