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ARTICLE · 13 APRIL 2025

Vicarious liability revisited

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De Martin & Gasparini Pty Ltd v Bartlett [2025] NSWCA 56.

AustraliaLitigation, Mediation & Arbitration
Nicole Oglesby
Nicole Oglesby
Dion Tan
Dion Tan
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Introduction

On 24 March 2025 the NSW Supreme Court of Appeal delivered its judgment in the matter of De Martin & Gasparini Pty Ltd v Bartlett [2025] NSWCA 56. The proceedings involved a negligence claim brought by a concreter and linesman, for injuries suffered to his back while lifting a concrete hose.

Background

Mr Bartlett was employed by Civic Contractors Pty Ltd (Civil), a labour hire company. His services had been supplied to De Martin & Gasparini Pty Ltd (DMG).

On 15 March 2023 Mr Bartlett and another worker were instructed by a representative of DMG to move a concrete hose weighing 45kg to 50kg. Mr Bartlett alleged that the other worker picked up the hose and started walking before he was ready. He alleged that he was jerked forward before he had a proper grip of the hose and had stood up properly, as a result of which he sustained an injury to his back.

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