Marketform Managing Agency Ltd for and on behalf Of the Underwriting Members Of Syndicate 2468 for the 2009 Year Of Account v Ashcroft Supa IGA Orange Pty Ltd [2020] NSWCA 36 (10 March 2020) (Ward CJ In Eq at [1]; Leeming JA at [2]; Payne JA at [3].)


Catchwords:


TORTS – Negligence – apprentice worker required to insert sausage mince into a machine and link sausages – failure properly to clean the meat room floor by another employee – apprentice worker slips on a piece of sausage mince – Contributory negligence – failure of the apprentice worker to clean the meat room floor

TORTS – Negligence – Apportionment of responsibility and damages – apprentice worker employed by a third party – liability of employer for non-delegable duty of care – apportionment pursuant to s 151Z Workers Compensation Act 1987 (NSW)

INSURANCE – Exclusion clause – Shopping Malls Combined Liability Policy – exclusion of liability for injury to a person under a contract for the provision of labour only services to the insured – whether injured apprentice worker employed by a third party a person under a contract for the provision of labour only services to the insured