Jackson v McDonald's Australia Ltd

The appeal concerned a slip and fall incident at McDonald's premises, where the appellant, Ms. Jackson, slipped on a wet floor that had recently been mopped. The dispute involved Ms. Jackson, McDonald's Australia Ltd, and the cleaning contractor and its insurer. The matter was heard on appeal by McColl, Barrett, and Ward JJA.

The central legal issues before the appellate court were whether the primary judge had made essential findings regarding the duty of care owed by the occupier and the cleaning contractor, and the applicable standard of care. The court also had to determine if there was a breach of that duty of care, and if so, whether such a breach caused the damage suffered by the appellant. Further issues included the assessment of contributory negligence and damages, as well as the respective responsibilities of the occupier, the cleaning contractor, and the contractor's insurer, particularly in light of the cleaning and insurance contracts.

The appellate court found that the primary judge's findings on duty and standard of care were essential and that the appeal court was able to make these findings. The court determined that the mopping had not been conducted in a manner that left a dry passageway, indicating a breach of the duty of care. The court also considered the issue of causation and contributory negligence. The appeal was dismissed, and the appellant was ordered to pay the respondents' costs. However, a cross-appeal was allowed in part, leading to the setting aside of certain District Court orders and the dismissal of a second cross-claim. The first respondent was ordered to pay the costs of the second respondent of the cross-appeal.