Paddison v Ultimate Image Pty Ltd t/as Hawkesbury Plasterworks

The appellant, Paddison, brought proceedings against the respondent, Ultimate Image Pty Ltd trading as Hawkesbury Plasterworks, following injuries sustained from a fall from a ladder while performing work. The central dispute concerned the nature of the relationship between the parties, specifically whether Paddison was an employee or an independent contractor, and whether Hawkesbury Plasterworks was negligent in its duty of care. The matter was heard in the Court of Appeal of New South Wales.

The Court of Appeal was required to determine whether the relationship between Paddison and Hawkesbury Plasterworks was one of employer and employee or contractor and subcontractor. Further, the court had to consider whether Hawkesbury Plasterworks was negligent in failing to provide a safe system or place of work, and whether the risk of falling from the ladder was an obvious risk to Paddison. The court also had to assess whether Hawkesbury Plasterworks was in breach of regulations 73 and 80 of the *Construction Safety Act 1912* (NSW).

The court found that the evidence did not establish an employer-employee relationship, concluding that Paddison was an independent contractor. Consequently, the respondent did not owe the appellant the same duty of care as an employer would owe an employee. The court further held that the risk of falling from a ladder was an obvious risk, and that the respondent had not breached its duty of care in relation to the provision of a safe system or place of work, nor had it breached the specified regulations.

The appeal was dismissed with costs.