BABIC v ESSO AUSTRALIA LTD [1993] NSWCA 16

BABIC v ESSO AUSTRALIA LTD [1993] NSWCA 16

The appellate court should not interfere with the trial judge's decision where the judgment is based on findings as to the credibility of the plaintiff, especially when the judge is not satisfied on the balance of probabilities that the injury happened as alleged or that it resulted from the defendant's breach of...

Source-derived case information.

Parties
Appellant: URJ Babic; Respondent: Esso Australia Ltd
Jurisdiction
Australia
Judgment Date
23 November 1993
Procedural Posture
Appeal / Judgment on Appeal
Outcome
appeal dismissed with costs
Legal Topics
Negligence, Workplace Injury, Credibility on Appeal
Torts Employment Law Negligence Workplace Injury Credibility on Appeal

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

URJ Babic

Appellant

Esso Australia Ltd

Respondent

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial judge's decision to dismiss the claim based on the plaintiff's lack of credibility was erroneous
  2. 2 Whether the appellate court may interfere with a decision based on credibility where no question of principle is involved

Ratio Decidendi

The appellate court should not interfere with the trial judge's decision where the judgment is based on findings as to the credibility of the plaintiff, especially when the judge is not satisfied on the balance of probabilities that the injury happened as alleged or that it resulted from the defendant's breach of duty. There is no error warranting appellate intervention.

Court Disposition

appeal dismissed with costs

Orders

  • The appeal is dismissed with costs.