DIB Group Pty Ltd t/as Hill & Co v Cole

DIB Group Pty Ltd, trading as Hill & Co, appealed a decision of the District Court of New South Wales concerning a claim brought by Mr. Cole. Mr. Cole had suffered injuries when he fell into a pit after stepping on a loose pit cover. The dispute centred on whether Hill & Co, as Mr. Cole's employer, owed a duty of care to ensure his safety in circumstances where the dangerous condition causing his injury was located on land not occupied or controlled by Hill & Co.

The Court of Appeal was required to determine whether Hill & Co breached its duty of care to Mr. Cole by failing to conduct a site inspection of the premises where he was working, and whether such a breach, if established, had a causal connection to Mr. Cole's injuries. Additionally, the court considered whether Mr. Cole was contributorily negligent, specifically whether he was aware of the risk posed by the pit cover or ought reasonably to have been aware of it. The concept of a "non-delegable duty" in the context of an employer's obligation to provide a safe system of work was also a key consideration.

The Court of Appeal affirmed the primary judge's finding that Hill & Co had breached its duty of care. The court reasoned that an employer's obligation to ensure a safe system of work extends to taking reasonable steps to identify and mitigate risks, even if those risks arise on premises not under the employer's direct control. The absence of control over the premises did not absolve Hill & Co of its responsibility to conduct a reasonable site inspection to ensure the safety of its employee. The court found a causal connection between the breach and the injury, as a proper inspection would likely have revealed the dangerous condition of the pit cover. Furthermore, the court found that Mr. Cole was not contributorily negligent, as there was insufficient evidence to establish that he was aware of the risk or ought reasonably to have been aware of it.

The appeal was dismissed, and Hill & Co was ordered to pay Mr. Cole's costs of the appeal.