Roche Mining Pty Ltd v Graeme Wayne Jeffs [2011] NSWCA 184
[77] As to Roche’s contention that the respondent’s experience, training or the obviousness of the risk militated against precautions (other than those in place) being taken, I agree with the primary judge’s conclusion (at [117]) that a person in Roche’s position is required, when devising a system of work, to take into account inadvertence or miscalculation on the part of those who have to implement that system, especially when it is known, or ought to be known, by that party that the system as designed involves a real risk of injury involving a fall from a distance in excess of two metres where serious injury could result. Although McLean v Tedman [1984] HCA 60 ; (1984) 155 CLR 306, to which his Honour referred in reaching this conclusion, was an employer-employee case, the content of the duty of care the primary judge found (at [97]) that Roche owed the respondent did not differ in any relevant respect from that being applied in that case: see McLean v Tedman (at 311, 313).