Matthew Xavier Carton v Rainbow Plumbing and Drainage Pty Limited

The plaintiff, Matthew Xavier Carton, fell through a penetration in the roof of a building while installing a gas line. He fell approximately four metres to the concrete floor and was injured. The defendants have agreed with the plaintiff that the quantum of damages payable to him is $300,000. The first defendant was the plaintiff's employer and the third defendant was the company responsible for managing the construction and was the occupier of the site. The second defendant was a subcontractor engaged by the third defendant to carry out the installation of some air-conditioning duct work. The first and third defendants accept that they are liable for damages as a consequence of a breach of their duty of care and of their statutory duty under regulation 73 of the Scaffolding and Lifts Regulations. The second defendant has not admitted that it is liable either in negligence or as a result of breach of statutory duty. The first and third defendants have filed notices claiming contribution against the second defendant. The second defendant has filed a notice claiming contribution against the plaintiff. The Court needed to determine whether the second defendant breached its duty of care or breached its statutory duty under regulation 73 and to determine what is a just and equitable contribution to be ordered as between the defendants. The Court found that the second defendant was not liable to the plaintiff. It found that the second defendant was not aware of people working on the roof. The Court found that the second defendant did not breach its statutory duty under regulation 73. The Court found that the first defendant bears 30% of the liability and the third defendant bears 70% of the liability. The Court dismissed the first and third defendant's applications to amend their pleadings. The Court dismissed the second defendant's application to amend the pleadings. The Court dismissed the first defendant's application to amend the pleadings. The Court ordered judgment for the plaintiff against the first and third defendants in the sum of $300,000. The Court ordered judgment for the first defendant against the third defendant on its notice claiming contribution for $210,000. The Court ordered judgment for the third defendant against the first defendant on its notice claiming contribution for $90,000. The Court ordered judgment for the second defendant against the plaintiff. The Court ordered judgment for the second defendant against the first and third defendants on their respective notices claiming contribution from the second defendant. The Court ordered that the first and third defendants are to pay 30% and 70% of the plaintiff's costs of the proceedings as agreed or assessed. The Court ordered that the first and third defendants are to pay the second defendant's costs of the plaintiff's claim against it in the proportions 30% and 70% respectively and are to pay the second defendant's costs of their respective notices claiming contribution from the second defendant.