BestCare Foods Ltd v Origin Energy LPG Ltd (formerly Boral Gas (NSW) Pty Ltd)

The plaintiffs, BestCare Foods Ltd, sued Origin Energy LPG Ltd (formerly Boral Gas (NSW) Pty Ltd) for damages arising from a fire and explosion that occurred at their premises. The plaintiffs alleged that the explosion was caused by the negligence of the defendants, who were responsible for the installation and maintenance of a gas supply to the premises. The dispute was heard in the Supreme Court of New South Wales.

The legal issues before the court were whether the defendants had breached their duty of care to the plaintiffs, whether the defendants had proved an alternative theory refuting the plaintiffs' causation, whether the plaintiffs were contributory negligent, and whether certain terms were implied in the contract between the parties. The court had to determine the scope and content of the duty of care owed by the defendants and whether the defendants had breached that duty. The court also had to consider whether the plaintiffs had failed to take reasonable precautions against the risk of harm and whether the plaintiffs' claim for apportionment was established.

The court found that the defendants had breached their duty of care to the plaintiffs by failing to ensure that the gas installation was safe. The court rejected the defendants' alternative theory refuting the plaintiffs' causation. The court found that the plaintiffs were not contributory negligent. The court held that certain terms were implied in the contract between the parties, including terms requiring the provision, inspection and maintenance of a gas installation to ensure its safe operation. The court found that the exclusion clauses did not apply to the plaintiffs' claims. The court held that the defendants had breached the contract by failing to ensure that the gas installation was safe.

The court ordered the defendants to pay damages to the plaintiffs in the amount of $3,500,000, together with interest and costs. The court also ordered the defendants to pay the plaintiffs' legal costs on an indemnity basis.