All SES subcontractors are paid on the basis of kilometres travelled for deliveries. None of the subcontractors is on the superannuation scheme organised by SES. Mr Mathews' first job one day was to deliver a package to Lindfield High School. The package contained a crystal mirror ball which the school had borrowed from a former student, Disco Stu, for its upcoming "Back to the Seventies " fundraiser. After entering the school by the front gate, Mr Mathews fell into a ditch which was partially obscured by long grass. He injured his hip and the mirror ball was smashed to pieces. The ditch had been dug by employees of North Shore Plumbing Pty Ltd, who were working on upgrading connections for the High School. Despite persistent requests from the Headmistress that the plumbers should put a protective barrier around the ditch, they had failed to do so. The headmistress had also advised SES to use the back entrance to the school because of the ditch near the front gate, but SES failed to pass on this information on to Mr Mathews. When the headmistress tried to contact North Shore Plumbing following the accident, she learned that the business was in liquidation, and was also uninsured. When SES contacted Disco Stu to tell him that his mirror ball had been destroyed, the company drew his attention to the terms of the courier contract between them, which excluded any liability on SES's part. Discuss: (a) Is Mr Matthews an employee so that he would have a claim for workers compensation in respect of his injury? (b) Any common law negligence claims Mr Matthews could bring for personal injury damages? (c) Any common law negligence claims Disco Stu could bring for property damage