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ARTICLE · 27 JUNE 2008

Construction Safety Regulations 1950, Regs 73 And 74 - Whether "Construction Work"

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The Court of Appeal had to decide whether the owner/occupier of a property could be said to be in charge of construction work for the purposes of reg 74 of the Construction Safety Regulations, 1950.

AustraliaReal Estate and Construction
Olivia Dinkha
Olivia Dinkha

The Uniting Church v Takacs [2008] NSWCA 141 20 June 2008

Hodgson JA; McColl JA, Basten JA

In Brief

  • The Court of Appeal had to decide whether the owner/occupier of a property could be said to be in charge of construction work for the purposes of reg 74 of the Construction Safety Regulations, 1950, and whether for the purpose of reg 73, taking measurements for the purpose of providing a quote to paint the roof by an independent contractor constituted "construction work" which was "carried out" under reg 73.
  • The Court also considered whether the occupier was in breach of its duty of care to the plaintiff, an independent contractor, with apparent expertise to safeguard himself in undertaking his trade.

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