Sawyer v Steeplechase Pty Ltd
[2025] QCA 2 · Bowskill CJ, Boddice JA and Bradley J
Mr Sawyer was a concreter employed by a concreting company, Cretek, which had been hired by a building company (SW Constructions) to install a polished concrete slab during a home renovation in Ascot. In August 2016 he hurt his back while laying very heavy steel mesh sheets (about 105kg each) used to reinforce the slab. He sued both Cretek and the building company. His claim against his employer Cretek succeeded, but his claim against the building company was dismissed because the court found it owed him no duty of care. He appealed that part of the decision. The Court of Appeal dismissed his appeal, agreeing that the building company had reasonably engaged a competent specialist concreting company that was responsible for its own safe system of work, and was not required to supervise how Cretek carried out the task. The building company's cross-appeal was also dismissed. Mr Sawyer recovered nothing from the building company and was ordered to pay its appeal costs.
Incident & injury
Worker injured his back while laying and fixing heavy SL81 steel mesh sheets (105kg per sheet) for a polished concrete slab on a residential renovation site.
- Body regions
- Lumbar spine
- Diagnoses
- back injury
- Incident date
- 22 August 2016
- Location
- Ascot, Brisbane
Quick facts
- Date of judgment
- 24 January 2025
- Claim type
- WCRA Common Law
- Proceeding
- Appeal
- Plaintiff outcome
- Unsuccessful
- Occupation
- Concreter (employed by Cretek) Technician / Trade Worker
- Liability
- Disputed
- Total damages
- $0
Outcome
The Court of Appeal dismissed the worker's appeal, upholding the trial judge's finding that the principal contractor (SWC) owed no duty of care to the employee of its independent subcontractor (Cretek), who was a competent specialist responsible for its own system of work. The cross-appeal challenging the injury finding was also dismissed as unnecessary.
Key issues
Sawyer v Steeplechase Pty Ltd [2025] QCA 2
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