Classic Constructions (Aust) Pty Ltd v Fischetti

Classic Constructions (Aust) Pty Ltd appealed to the Supreme Court of the Australian Capital Territory against a decision of a Master who had found the company liable for personal injuries sustained by Mr Fischetti, an independent contractor engaged by Classic Constructions. The dispute concerned whether Classic Constructions owed Mr Fischetti a duty of care in relation to the workplace injury he suffered.

The central legal issues before the Court were whether the Master erred in finding that Classic Constructions owed Mr Fischetti a duty of care, and consequently, whether the Master erred in finding Classic Constructions liable for negligence. The Court was also required to consider whether, if a duty of care was owed, there was contributory negligence on the part of Mr Fischetti, and to reassess the damages awarded.

The Court allowed the appeal, setting aside the Master's verdict. The reasoning focused on the distinction between an employer's duty of care to an employee and the lesser duty owed to an independent contractor. The Court found that the Master had misapplied the principles of negligence in this context, particularly concerning the assessment of risk and the extent of control Classic Constructions exercised over the manner in which Mr Fischetti performed his work. Consequently, the Court determined that no duty of care had been breached. The Court entered judgment for Classic Constructions (Aust) Pty Ltd and ordered that the parties be heard on the issue of costs.