Facts in brief:
The defendant is a paint manufacturer, distributor and retail point of sale of painting products. Murray J McLauchlan & Co Limited is a company specialising in plumbing, gasfitting and drainlaying services. Murray J McLauchlan & Co Limited had been a preferred contractor of the defendant for a number of years and had carried out many plumbing maintenance or repair jobs for the defendant.
Two employees were working on a roof within close proximity to two sky lights. The victim was attempting to untangle a hose when he stepped forward onto the skylight and fell 6 metres into the workshop below. The victim suffered a broken clavicle.