Australia:
A second bite for KFC: salmonella poisoning
17 December 2012
Hall & Wilcox
To print this article, all you need is to be registered or login on Mondaq.com.
In our June 2012 edition of
Insurable Interest we reported on a decision by the New South
Wales Supreme Court that a young girl sustained salmonella
poisoning from eating KFC chicken. As anticipated, this decision
has now been appealed and it will be fascinating to see what the
Court of Appeal makes of the relatively inconclusive evidence.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
POPULAR ARTICLES ON: Insurance from Australia
Insurance: What it means to be a ‘common carrier’
DLA Piper Australia
The recent decision of the New South Wales Court of Appeal in Stapley v Towing Masters Pty Ltd (trading as Dynamic Towing) [2009] NSWCA 382, the Court considered what it means to be a ‘common carrier’.
Duty of Care and the "Salient Features" Test
DLA Piper Australia
The NSW Court of Appeal decision in Makawe Pty Limited v Randwick City Council [2009]
NSWCA 412 confirms that in cases of a novel relationship, the duty of care is to be
determined according to a ‘salient features’ test. The decision also deals with the question
of what constitutes pure economic loss and raises the possibility of a new interpretation of
section 44 of the Civil Liability Act 2002 (NSW).