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Barrak Corporation Pty Ltd v the Kara Group of Companies Pty Ltd [2014] NSWCA 395

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.


https://www.caselaw.nsw.gov.au/decision/54a63ffb3004de94513dc8d1


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