Boskov v Barclay Mowlem Construction Limited

In the case of Boskov v Barclay Mowlem Construction Limited, the dispute arose between a subcontractor and a head contractor, with the subcontractor alleging that the head contractor was negligent in failing to provide a safe means of access to the workplace. The matter was heard in the Supreme Court of Victoria. The primary issue before the court was whether the head contractor owed a duty of care to the subcontractor in relation to the provision of safe access, particularly in light of statutory provisions and the delegation of such duties.

The court examined whether Regulation 73 of the Occupational Health and Safety Regulations imposed a duty on the head contractor to ensure safe means of access, and if so, whether this duty could be delegated to another party. Additionally, the court considered whether the employer's liability in tort to the head contractor could extend to a duty of care towards the subcontractor. The court's analysis involved interpreting the relevant statutory provisions and determining the extent of the duty of care owed by the head contractor.

In its decision, the court held that Regulation 73 did impose a duty on the head contractor to provide safe means of access to the workplace. However, this duty could be delegated to another party, provided that the delegation was done in a manner consistent with the regulation. The court found that the employer's liability in tort to the head contractor did not necessarily extend to a duty of care towards the subcontractor. The court emphasised that the subcontractor's claim for damages was dependent on establishing a direct duty of care owed by the head contractor to the subcontractor, which was not adequately demonstrated in this case.

The final orders of the court dismissed the subcontractor's claim for damages against the head contractor, ruling that no duty of care was owed by the head contractor to the subcontractor in the circumstances of the case. The court's decision hinged on the interpretation of the statutory provisions and the principles of delegation of duties under occupational health and safety regulations.