Broughton v Competitive Foods Australia Pty Ltd

The appellant, Broughton, appealed to the New South Wales Court of Appeal against a decision of the primary judge concerning the termination of his licence to enter premises owned by the respondent, Competitive Foods Australia Pty Ltd. The dispute arose from the respondent's actions in terminating the appellant's licence, which the appellant alleged constituted negligence.

The central legal issue before the Court of Appeal was whether an occupier of land owes a duty of care to a licensee when terminating that licence to enter the premises. Specifically, the court had to determine the scope of the duty of care owed by an occupier in such circumstances and whether the respondent had breached any such duty.

The Court of Appeal affirmed the principles governing the duty of care owed by occupiers to persons entering their land. It was held that while an occupier owes a duty of care to lawful entrants, this duty does not extend to the manner of termination of a licence to enter, absent specific circumstances giving rise to such an obligation. The court found that the respondent had not breached any duty of care owed to the appellant in terminating his licence.

Consequently, the appeal was dismissed with costs.