McConnell Dowell Constructors Here is the Problem.

NSW District Court Judge Russell has held that
1 – a Principal Contractor does not owe an obligation to direct a contractor in how it is to undertake its work, where it does not have the requisite skills or knowledge but
2 – it does have such a duty where it has knowledge of the work being undertaken.
3- a PC has a duty to issue instructions based on a contractual right to issue instructions.
This decision is directly at odds with over 100 years of Supreme and High Court judgements. Here is a quote for you consider.
“just because a Principal has a legal right to issue instructions and it is possible to take that step, this does not establish that it is a step which was reasonably practicable to provide and maintain a safe working environment, even where the Principal has knowledge of the risks and knows of ways to control such risks.”
Baiada v The Queen High Court 2012