Sydney Water Corporation v Abramovic

Sydney Water Corporation appealed to the Court of Appeal of New South Wales against a judgment of the Dust Diseases Tribunal. The dispute concerned the extent of a statutory authority's duty of care towards an employee of an independent contractor engaged to perform rock drilling work. The respondent, an employee of the contractor, had been exposed to silica dust during this work and subsequently developed a dust-related disease.

The primary legal issues before the Court of Appeal were whether Sydney Water Corporation, as the successor to the liabilities of the former Water Board, owed a duty of care to the respondent, and if so, the scope of that duty. Specifically, the court had to determine whether Sydney Water Corporation, through its statutory supervisory powers, was obliged to ensure that the independent contractor implemented safety measures such as water dampening and the use of respirators during rock drilling operations. The court also considered whether the Tribunal had erred in law in its formulation of the scope of this duty of care.

The Court of Appeal found that the Tribunal had erred in law in its assessment of Sydney Water Corporation's duty of care. The court reasoned that while Sydney Water Corporation possessed statutory powers, these powers did not, in themselves, create a positive duty to supervise the contractor's safety practices to the extent that the Tribunal had found. The court applied principles relating to the scope of duties of care owed by statutory authorities, particularly concerning the actions of independent contractors, and concluded that the duty did not extend to mandating specific safety procedures in this instance.

Consequently, the Court of Appeal allowed the appeal and set aside the judgment of the Dust Diseases Tribunal against Sydney Water Corporation.