Date: Tue, 7 Mar 2006 19:42:53 +1100

From: Neil Foster

Subject: Liability for Independent Contractors - argument before HCA

Dear Colleagues;

The ultimate utility of transcripts of appeals is perhaps doubtful, but there is a certain occasional interest in reading the byplay between court and counsel and guessing the outcome. The High Court of Australia has just heard the appeal in Sweeney v Boylan Nominees Pty Ltd [2006] HCATrans 78 (3 March 2006), in which the question of the liability of a company for the negligence of a contractor is at issue. (The decision of the NSWCA being appealed from is here). It is interesting to note that at least Kirby J specifically asks whether there is other Commonwealth authority for issues such as dual vicarious liability, but sadly counsel do not really assist with reference to Viasystems or Hawley or Blackwater which have been discussed here. Hopefully their Honours will discover the references themselves (not that I think they should necessarily follow them, of course!).

Regards
Neil Foster

Neil Foster
Lecturer & LLB Program Convenor
School of Law
Faculty of Business & Law
University of Newcastle
Callaghan NSW 2308
AUSTRALIA
ph 02 4921 7430
fax 02 4921 6931

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