SLIVAK V LURGI AUSTRALIA PTY LTD [1999] SASC 254
Full Court of the Supreme Court of SA – 18 June 1999
FACTS
BHP engaged Lurgi under a design and construct contract to build a fume extraction and dust disposal facility. Lurgi designed the works and then engaged Lucon to work on the construction stage.
Slivak , an employee of Lucon was injured while positioning steel plates. The trial judge found that Lucon had not followed Lurgi’s design and was responsible for the accident.
ISSUES
Did Lurgi owe a duty of care to Slivak to design the steel plates to ensure the plate could not be constructed without supports?
Was Lurgi an occupier of the building site and therefore owed a duty of care to Slivak?
Did Lurgi as a project manager owing a duty of care to ensure a safety working system?
FINDING
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