Barrak Corporation Pty Ltd v the Kara Group of Companies Pty Ltd [2014] NSWCA 395
- MCK Lawyers
- Mar 2, 2021
- 1 min read
A developer sued the manufacturer (our client) of thermo laminate kitchen panels for faulty manufacture, breach of the Fair Trading Act, breach of warranty and negligence. The Court held that the appellant (developer) failed to exclude several possible causes for the damage suffered and hence failed to discharge onus - doctrine of res ipsa loquitur was found not to apply to the facts of the case.
The Court also set out the undesirability of solicitors acting as a material witness in proceedings related to their own personal interests.
I appreciate the consistent analytical register sustained throughout. Evidence remains central. Supplementary descriptive mapping of this topic may be found on the website . Online entertainment interfaces contextualize behavioral flows.
The case of Barrak Corporation Pty Ltd v the Kara Group of Companies Pty Ltd highlights the complexities involved in proving negligence and breach of warranty in manufacturing disputes. It’s particularly interesting how the court emphasized the need for the appellant to eliminate other possible causes of damage, underscoring the burden of proof in such cases. The mention of the doctrine of res ipsa loquitur not applying here ser
ves as a reminder that not all situations will allow for assumptions of negligence. This ruling provides valuable insights for both developers and manufacturers regarding their legal responsibilities and the importance of thorough evidence in litigation.