Brodribb Re-Visited – Comforting Principles For Principals

Leighton Contractors P/L v Fox; Calliden Insurance Limited v Fox [2009] HCA 35 (02/09/09)

For many years there has been tension between the legal principles governing the relationship between an employer and employee and those principles which govern the relationship between a principal and independent contractor.

This tension is particularly evident in large construction projects where the legal relationship between parties can often become blurred. This High Court decision, whilst not resolving that tension, should provide some comfort to principals.

The case arose out of the large scale re-development of the Sydney Hilton in 2003. Leighton Contractors (Leighton) was the principal contractor. It engaged the services of Downview P/L (Downview) to undertake certain concreting services. Downview in turn engaged two individuals, Cook and Still, to undertake concrete pumping who in turn engaged the injured claimant and one Stewart. One might say a typical