Maricic v Dalma Formwork (Australia) Pty Ltd

In *Maricic v Dalma Formwork (Australia) Pty Ltd*, the plaintiff, an employee of a subcontractor, appealed to the Court of Appeal of New South Wales against a District Court decision that found in favour of the head contractor and the labour hire firm. The plaintiff had sustained injuries when he fell into a penetration in a concrete floor on a construction site.

The central legal issues before the Court of Appeal were whether the head contractor owed a duty of care to the subcontractor's employee to ensure they were not exposed to unreasonable risk, and whether the labour hire firm owed a duty of care to the plaintiff. The court also considered the onus of proof regarding the employer's liability for the purposes of section 151Z(2) of the *Workers Compensation Act 1987* (NSW).

The Court of Appeal reasoned that the head contractor did owe a duty of care to the subcontractor's employee, and that this duty had been breached. The court found that the labour hire firm also owed a duty of care to the plaintiff. The court allowed the appeal, setting aside the District Court's verdict and entering a finding for the plaintiff against the second and third defendants (the head contractor and the labour hire firm) on the question of liability. The matter was remitted to the District Court for assessment of damages, with a direction that the damages payable by the respondents to the appellant be reduced by 20% to reflect the employer's contributory liability.