The decision of Murray v Sheldon Commercial Interiors Pty
Ltd [2016] NSWCA 77 is a recent illustration of the scope of a
head contractor's duty of care and a useful reminder that head
contractors cannot reasonably be expected to continuously supervise
or intervene in all activities being performed at a work site. It
also emphasises the need for plaintiffs to establish causation by
relying on admissible evidence rather than expert opinion that does
not canvass the relevant issues or evidence, speculation and/or
appeals to common sense.
When Mr Murray was installing a window on a construction site,
he fell from a ladder and sustained injuries. He attributed the
cause of his fall to a build-up of dust on the rungs of the ladder
and alleged that the source of the dust was sanding conducted by a
painting subcontractor on the morning of the accident. According to
Mr Murray, excessive dust was being distributed because of a fault
in the vacuum attached to the sanding
