McDonald v Girkaid Pty Ltd

The case of *McDonald v Girkaid Pty Ltd* involved an appeal to the Court of Appeal of New South Wales concerning a fire that caused damage. The primary dispute revolved around whether the appellant, McDonald, was liable for the fire and the resulting damages suffered by the respondents, Girkaid and Inghams. The court was required to review the trial judge's findings on causation, breach of statutory duty, and the assessment of damages.

The legal issues before the Court of Appeal included whether the trial judge's conclusion that McDonald's actions caused the fire was open on the evidence, particularly in light of expert testimony regarding the possible cause of the fire. The court also had to determine whether the *Dangerous Goods Regulation 1978* (NSW) created a private cause of action and, if so, the nature and content of the statutory duty imposed, specifically what constituted "practicable steps" or "practicable precautions" in the context of preventing fires. Furthermore, the court considered the foreseeability of the fire and the evidence presented regarding the value of the damages.

The Court of Appeal allowed the appeals, setting aside the judgments entered against McDonald and dismissing the claims by Girkaid and Inghams. The court reasoned that the trial judge's acceptance of the expert evidence on causation was not sufficiently supported, and the inference of a probable connection between McDonald's conduct and the fire was not open on the evidence presented. The court found that the *Dangerous Goods Regulation* did not impose absolute obligations and that the evidence did not establish a breach of any duty owed by McDonald. Consequently, the court ordered that McDonald pay the costs of the appeals and the proceedings below.