Babic v Esso Australia Ltd

In *Babic v Esso Australia Ltd*, the New South Wales Court of Appeal considered an appeal by the plaintiff, Mr. Babic, against a decision of the Supreme Court of New South Wales. The dispute arose from an incident where Mr. Babic suffered injuries while working on a vessel owned by Esso Australia Ltd. Mr. Babic had been employed by a third party, not Esso, but was working on Esso's premises at the time of the accident.

The primary legal issues before the Court of Appeal were whether Esso owed a duty of care to Mr. Babic, and if so, whether that duty had been breached. Specifically, the court had to determine if Esso, as the occupier of the premises where the work was being undertaken, had taken reasonable steps to ensure the safety of Mr. Babic, who was not an employee but was present on their property in connection with the work being performed.

The Court of Appeal found that Esso did owe a duty of care to Mr. Babic. Applying established principles of occupiers' liability, the court held that an occupier owes a duty to take reasonable care to prevent foreseeable harm to persons entering their premises, even if those persons are not invitees or licensees in the traditional sense, but are present in connection with work being carried out on the premises. The court examined the specific circumstances of the accident and concluded that Esso had failed to take reasonable precautions to ensure Mr. Babic's safety, thereby breaching its duty of care. The appeal was allowed, and the matter was remitted to the Supreme Court for assessment of damages.