Boral Resources (NSW) Pty Ltd v Watts

Boral Resources (NSW) Pty Ltd appealed a decision of the District Court of New South Wales, which had found in favour of the respondent, Mr Watts, in a claim for damages arising from a workplace injury. Mr Watts, a labourer supplied by a labour hire company to Boral, sustained injuries when he was rolling rocks off a roadway at a Boral worksite. The dispute concerned Boral's liability for the injuries sustained by Mr Watts due to an alleged unsafe system of work.

The primary legal issues before the Court of Appeal were whether the system of work implemented by Boral was unsafe, specifically concerning the instructions provided to workers regarding the manual removal of rocks from roadways and when to request the assistance of a loader. The court also considered whether the system of work implicitly required the removal of rocks even if they were not directly obstructing the path of dump trucks, and whether Mr Watts had been rolling large rocks. Furthermore, the appeal addressed the apportionment of liability for contributory negligence and the division of costs between the labour hire employer and the hirer, Boral.

The Court of Appeal upheld the District Court's finding that Boral had failed to provide a safe system of work. The court reasoned that the lack of clear instructions on what rocks were to be removed manually and when to call for a loader created an unacceptable risk. It was determined that the system of work did not adequately address the potential hazards associated with rolling rocks, particularly larger ones, and that Boral had not taken sufficient precautions to ensure the safety of workers engaged in such tasks. The court found that Mr Watts' actions did not amount to contributory negligence to a degree that would warrant a reduction in damages.

The appeal and cross-appeal were dismissed, with Boral Resources (NSW) Pty Ltd ordered to pay the costs of Mr Watts.