Gulic v Boral Transport Ltd

The plaintiff, Mr Gulic, an employee of a subcontractor, brought proceedings in negligence against the principal contractor, Boral Transport Ltd, following an injury sustained during cartage operations. The matter proceeded to the Court of Appeal of New South Wales, with Macfarlan and Gleeson JJA and Garling J presiding.

The central legal issues before the Court of Appeal concerned the scope of the duty of care owed by a principal contractor to an employee of a subcontractor, and whether this duty was non-delegable. Specifically, the court had to consider the nature of the relevant risk of injury, and whether the primary judge erred in finding that the risk of injury caused by posts on a truck was "not insignificant". Furthermore, the appeal raised questions about whether the primary judge had erred in finding that causation was not established, and the implications of the primary judge's failure to make contingent findings on breach and damages when the plaintiff had failed at first instance on causation.

The Court of Appeal ultimately dismissed the appeal. The court reasoned that the primary judge had not erred in finding that causation was not established. The court also held that the risk of injury from the posts was not "not insignificant" in the context of the duty of care owed by the principal contractor. Consequently, the court found no basis to interfere with the primary judge's decision. The notices of cross-appeal were also dismissed.