Zahner v Andreas Pty Ltd

Zahner was the plaintiff in proceedings against Andreas Pty Ltd, the defendant, concerning a workplace injury sustained when scaffolding collapsed. The matter was heard in the Court of Appeal of New South Wales.

The central legal issues before the court were whether the defendant, as a head contractor, had breached its statutory duty under the *Construction Safety Act 1912* (NSW) and its associated *Construction Safety Regulations 1950* (NSW), specifically concerning regulations 6 and 73, in relation to the maintenance and safety of the scaffolding. Additionally, the court considered whether the defendant had breached its common law duty of care in negligence, notwithstanding the involvement of a skilled and experienced subcontractor. The quantum of damages awarded to the plaintiff was also under review.

The Court of Appeal determined that the defendant, as the head contractor with an obligation to maintain the scaffolding, was bound by the relevant regulations. The court reasoned that liability under the regulations depended on whether a person was actually carrying out the building work, which the defendant was. The scaffolding was found to be unsuitable and unsafe, constituting a breach of statutory duty. Furthermore, the court found that the defendant had breached its common law duty of care, as it had a responsibility to ensure the scaffolding was safe, irrespective of the subcontractor's expertise. The court also found the original damages award to be inadequate, particularly in light of the depressive reaction suffered by the plaintiff as a consequence of the injury.