Multiplex Constructions (NSW) Pty Ltd v Lopez

Multiplex Constructions (NSW) Pty Ltd appealed to the New South Wales Court of Appeal against a judgment in favour of Mr Lopez, an employee of a sub-contractor, who suffered injuries when he slipped on water and mud on a construction site. Mr Lopez was on his way to perform his duties as a bricklayer when the incident occurred. The central dispute concerned whether Multiplex, as the head contractor, owed a duty of care to Mr Lopez, and if so, whether that duty had been breached and whether such a breach caused his injuries.

The Court of Appeal was required to determine several key legal issues. Firstly, it had to consider the extent and nature of the duty of care owed by a head contractor to an employee of a sub-contractor in relation to the safety of the worksite. Secondly, the Court had to assess whether any such duty of care was breached by the appellant. Thirdly, the Court was required to determine if any established breach of duty was causative of the injuries sustained by Mr Lopez, taking into account any pre-existing medical conditions. Finally, the Court had to consider whether there was a breach of regulation 73 of the *Construction Safety Act 1912* (NSW) and review the quantum of damages awarded for both general damages and economic loss.

The Court of Appeal upheld the primary judge's findings, concluding that Multiplex, as the head contractor, owed a duty of care to Mr Lopez. This duty extended to taking reasonable steps to ensure that the worksite was safe for employees of sub-contractors, particularly in areas where they were required to access for their work. The Court found that the presence of water and mud on the access route constituted a foreseeable hazard, and that Multiplex had failed to take adequate precautions to mitigate this risk, thereby breaching its duty of care. The Court also found that this breach was causative of Mr Lopez's injuries. The appeal against the damages awarded was also dismissed.

Consequently, the appeal was dismissed, and Multiplex Constructions (NSW) Pty Ltd was ordered to pay the costs of the appeal.