Case

SafeWork NSW v Bellabrae Homes Pty Ltd (2025)

NSW residential builder, Bellabrae Homes Pty Ltd, was the principal contractor on a new build in North Kellyville, New South Wales (the site). Throughout the project, it engaged several subcontractors, including Excon Services Excavation (Excon) and Mills & Watson Plumbing Pty Ltd (M&WP), to excavate the site and undertake the internal and external plumbing works required before laying a concrete slab. The excavation performed by Excon formed a face along the eastern boundary of the site, which was more than 1.5 metres high (the earthen wall). This boundary was left unsupported.

In May 2022, M&WP’s director, Mr Mills, attended the site with Bellabrae’s director, Mr Jitla, to discuss the drainage under the concrete slab. Mr Mills informed Mr Jitla that additional excavation may be required next to the earthen wall to accommodate the drainage but this would be determined on the day the work was to be undertaken.