East Coast Scaffolding Pty Ltd v Young

East Coast Scaffolding Pty Ltd appealed to the New South Wales Court of Appeal against a judgment of the District Court which found it liable for personal injuries sustained by Mr Young, a worker, in a workplace accident. The central dispute concerned whether the appellant had erected the scaffolding upon which Mr Young was working at the time of the incident.

The Court of Appeal was required to determine whether the primary judge erred in finding that East Coast Scaffolding Pty Ltd had erected the scaffolding in question, and consequently, whether it owed a duty of care to Mr Young and had breached that duty, thereby causing his injuries.

The Court dismissed the appeal, finding no error in the primary judge's factual findings. The evidence presented at trial, including witness testimony and photographic material, was sufficient for the primary judge to conclude that the appellant had indeed erected the scaffolding. This conclusion established that the appellant owed a duty of care to those who would use the scaffolding, including Mr Young. The Court was satisfied that the appellant had breached this duty by failing to ensure the scaffolding was erected in a safe and stable manner, which directly led to Mr Young's injuries.

The appeal was dismissed with costs.