In 2000, P, an experienced builder’s labourer employed by the first defendant, a labour hire company providing services to the building industry, injured his right knee in a climbing accident in the course of his employment. At the first defendant’s request, P did not make a WorkCover claim in respect of that injury. On 10 May 2001, P injured his low back when working on an assignment for the second defendant pursuant to a labour hire agreement between the defendants. P succeeded in a claim for damages against both defendants for alleged negligence and breaches of statutory duty.