ABB Power Transmissions Pty Ltd in the Interests of FAI Traders Insurance Co Ltd v Irvine; FAI Workers Compensation NSW Ltd v Irvine

The case of *ABB Power Transmissions Pty Ltd in the Interests of FAI Traders Insurance Co Ltd v Irvine* and *FAI Workers Compensation NSW Ltd v Irvine* was heard in the New South Wales Court of Appeal. The dispute concerned the liability of ABB Power Transmissions Pty Ltd (ABB) for injuries sustained by Mr. Irvine, an employee of a subcontractor, while working on a project for ABB. FAI Traders Insurance Co Ltd and FAI Workers Compensation NSW Ltd were involved as insurers.

The primary legal issue before the Court of Appeal was whether ABB owed a duty of care to Mr. Irvine, a subcontractor's employee, in circumstances where the work being performed by Mr. Irvine was inherently dangerous. The court was required to consider the extent of ABB's control over the worksite and the nature of the activities undertaken by Mr. Irvine to determine if a non-delegable duty of care arose.

The Court of Appeal held that ABB did owe a duty of care to Mr. Irvine. The court reasoned that ABB, as the principal contractor, retained a sufficient degree of control over the worksite and the manner in which the work was carried out to impose a non-delegable duty. This duty extended to ensuring that the work, which was found to be inherently dangerous, was performed with reasonable care. The court applied principles established in cases concerning the duties owed by principals to subcontractors and their employees, particularly where the work poses a foreseeable risk of harm. The appeal was allowed, and the judgment in favour of Mr. Irvine was upheld.