Barrak Corporation Pty Ltd v The Kara Group of Companies Pty Ltd

This case concerned an appeal to the Court of Appeal of New South Wales from a decision of the District Court. The appellant, Barrak Corporation Pty Ltd, had brought proceedings in negligence against Nu-Door, alleging that defective panels manufactured by Nu-Door had caused damage. The primary judge had entered judgment for Nu-Door.

The legal issues before the Court of Appeal were whether the primary judge erred in finding that the appellant had failed to discharge its onus of proving negligence on the part of Nu-Door, and whether the doctrine of res ipsa loquitur was applicable to establish negligence in the circumstances. The appellant's case was that the lamination detaching from the panels indicated negligent manufacture, or that the doctrine of res ipsa loquitur should apply. Nu-Door contended that other causes for the defective panels, such as incorrect storage, negligent installation by a third party, or poor post-installation treatment, had not been excluded on the balance of probabilities.

The Court of Appeal, comprising Barrett JA, Sackville AJA, and Adamson J, dismissed the appeal. The court reasoned that the appellant had failed to exclude several plausible alternative causes for the damage suffered by the panels, which did not involve negligence on the part of Nu-Door. Consequently, the appellant had not discharged its onus of proof. The court also found that the doctrine of res ipsa loquitur was inapplicable because the circumstances did not exclusively point to negligence on the part of Nu-Door, given the existence of other potential causes.

The appeal was dismissed, and the appellant was ordered to pay the respondent's costs of the appeal, subject to any written application for a different order within seven days.