This criterion comes from Ready Mixed Concrete itself. In explaining what is meant by his third test, MacKenna J gives examples, mostly related to the construction industry. The most lucid is his first:

‘A contract obliges one party to build for the other, providing at its own expense the necessary plant and materials. This is not a contract of service, even though the builder may be obliged to use his own labour only and to accept a high degree of control: it is a building contract. It is not a contract to serve another for a wage, but a contract to produce a thing (or a result) for a price.’

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