Lenz v Trustees of the Catholic Church

Lenz (the plaintiff) brought proceedings against the Trustees of the Catholic Church (the defendant) alleging negligence and breach of statutory duty following a fall from an unfinished roof during a building project. The plaintiff, a volunteer roofer, sustained injuries when he fell from the roof due to the absence of scaffolding. The case was heard in the Court of Appeal of New South Wales.

The central legal issues before the Court of Appeal were whether the defendant had breached its duty of care to the plaintiff, whether the defendant had contravened Construction Safety Regulations 73 and 74, and whether the plaintiff's own actions were the sole cause of his accident or had materially contributed to his injury. Specifically, the court considered whether the defendant was "in charge of construction work" for the purposes of the Regulations and whether the plaintiff's involvement constituted "building work" or "construction work" as defined.

The Court of Appeal upheld the appeal, finding that there was no breach of duty of care by the defendant. The court reasoned that the defendant had provided adequate warning regarding the risks associated with the unfinished roof. Furthermore, the court determined that the defendant was not in control of the construction work in a manner that would render it liable under the Construction Safety Regulations. The plaintiff's active involvement in carrying out construction work, including his decision to work on the unfinished roof without adequate safety measures, was considered to be the sole cause of his accident. The court concluded that the plaintiff's conduct was not a result of any breach by the defendant, nor did any alleged breach materially contribute to his injury.