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Sweeney v Boylan Nominees - Doyles Arbitration Lawyers

SWEENEY V BOYLAN NOMINEES PTY LIMITED [2006] HCA 19

FACTS:

Boylan Nominees Pty Ltd (“Boylan”) maintained and serviced refrigeration units in retail outlets. One had a faulty door and Boylan engaged an independent contractor to attend the premises and repair the unit.

A customer who attended the outlet (“Sweeney”) opened the door of the refrigeration unit, which subsequently fell and injured her.

Sweeney sued Boylan as being vicariously liable for the actions of the independent contractor.

It is noted that the independent contractor paid his own salary, superannuation, insurance; and provided his own materials and tools. There was no control as to the manner the work was conducted, exerted over the independent contractor by Boylan. He issued his own invoices to Boylan for payment.

ISSUES:

Can the liability of an independent contractor be imputed to Boylan as the entity who engaged the contractor to render its services?

FINDING:

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