The Duty Owed by an Occupier/Builder to provide a Safe Work-Site for Visitors

The NSW Court of Appeal recently considered an occupying builder's liability to provide a safe work-site for visitors, including tradespeople and other sub-contractors, reaffirming that the duty owed by a builder to contractors on-site is not akin to the non-delegate duty of care owed by an employer to an employee.

Facts

Mr Milan Sijuk was an experienced brick-cleaner. He was employed by his wife who carried out her business as Rosa's Cleaning Service.

While working on a building site in the possession of Ilvariy Pty Limited (Ilvariy) trading as Craftsmen Homes, Mr Sijuk injured himself when he fell through a hole in scaffolding.

The primary judge, Hall J, found that an unknown person had moved a piece of scaffolding, thereby leaving a gap or hole in the scaffolding. The site was not secure from public access. Mr Sijuk's evidence was that prior to climbing on the scaffolding, he had seen a notice placed on the scaffolding by its erector that it was safe. His