Origin Energy LPG Ltd v BestCare Foods Ltd

Origin Energy LPG Ltd and others (appellants) appealed a decision of the primary judge concerning a fire and explosion at premises occupied by BestCare Foods Ltd (respondent). The dispute arose from allegations of negligence by the appellants, which the respondent claimed caused damage to its property. The appeal was heard in the Court of Appeal of New South Wales.

The central legal issues before the Court of Appeal were whether the primary judge erred in finding that the appellants' negligence caused the fire and explosion. Specifically, the court had to determine whether the evidence supported the primary judge's findings regarding the cause of the incident, including whether over-pressurisation of second-stage regulators and a dryer Bourdon tube pressure gauge occurred, and whether gas filter boxes failed due to such over-pressurisation. The court also considered whether contributory negligence on the part of the respondent had been established.

The Court of Appeal analysed the expert evidence presented at trial concerning the cause of the fire and explosion. It found that the primary judge's findings as to causation were open on the evidence, particularly noting the absence of expert evidence to support the appellants' alternative theories. The court also affirmed the primary judge's conclusion that contributory negligence had not been established, finding no sufficient explanation for why a tank isolation valve was not closed when the site was left unattended.

The appeal was dismissed, and the appellants were ordered to pay the respondent's costs of the appeal.