Paul Timothy Minogue v David Jonathan Rudd T/As Rudd & Co Construction Pty Ltd

[2014] HCASL 115

PAUL TIMOTHY MINOGUE

v

DAVID JONATHAN RUDD T/AS RUDD & CO CONSTRUCTION PTY LTD & ANOR

[2014] HCASL 115
S272/2013

1. The applicant was employed by the second respondent, who was a subcontractor to the first respondent, as a carpenter for the renovation of a residential property.  During his employment, the applicant suffered a serious injury after falling through uncovered wooden joists in an unfinished kitchen area to the floor of the level below.  The applicant's principal case was that the first respondent was negligent in leaving the joists incomplete.  

2. The Supreme Court of New South Wales (Adamson J) held that, whilst there may be speculation as to how the applicant came to fall, the first respondent had taken sufficient precautions to discharge the duty of care owed to the applicant.

3. The Court of Appeal of the Supreme Court of New South Wales (Macfarlan JA, with whom Hoeben and Emmett JJA agreed) dismissed the applicant's appeal, rejecting the applicant's arguments relating to causation and for a wider duty of care.

4. The applicant seeks special leave to appeal to this Court.  The application raises no question of principle such as to warrant a grant of special leave.  It necessarily involves challenges to findings of fact.  The principle stated in Jones v Dunkel is well settled.  The question as to its correctness which the applicant seeks to raise would not enjoy any prospects of success.  Special leave is refused.

5. Pursuant to r 41.11.1 we direct the Registrar to draw up, sign and seal an order dismissing the application with costs.

S.M. Kiefel
19 June 2014 P.A. Keane