Origin Energy LPG Ltd v BestCare Foods Ltd [2012] NSWCA 407

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Origin Energy LPG Ltd v BestCare Foods Ltd [2012] NSWCA 407 Hearing dates: 5 November 2012, 6 November 2012, 7 November 2012, 8 November 2012 Decision date: 13 December 2012 Before: Macfarlan JA at [1] Hoeben JA at [2] Ward JA at [221] Decision: Appeal dismissed. Appellants to pay the respondents' costs of this part of the appeal. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: TORTS - negligence - causation - expert evidence of cause of fire and explosion - whether OPSOs on second stage regulators tripped as a result of over-pressurisation - analysis of expert opinion - whether dryer Bourdon tube pressure gauge subject to over-pressurisation - expert opinion - testing of filter box - disagreement as to test results - did the dryer gas filter boxes fail because of over-pressurisation - expert evidence - whether findings of trial judge as to causation open on evidence - absence of expert evidence to support appellants' theory - torts - contributory negligence - explanation for why tank isolation valve not closed when site left unattended - contributory negligence not established. Legislation Cited: Civil Liability Act 2002 Trade Practices Act 1995 (Cth) Cases Cited: BestCare Foods Ltd & Anor v Origin Energy LPG Ltd (formerly Boral Gas (NSW) Pty Ltd) & Anor [2011] NSWSC 908 Council of the City of Greater Taree v Wells [2010] NSWCA 147; 174 LGERA 208 Category: Principal judgment Parties: Origin Energy LPG Ltd (formerly Boral Gas (NSW) Pty Ltd - First Appellant Origin Energy Retail Ltd - Second Appellant BestCare Foods Ltd - First Respondent BestCare Foods (Sales) Pty Ltd - Second Respondent Representation: Counsel: Mr N Hutley SC/Mr E Romaniuk/Mr B Smith/Mr R Glover - Appellants Mr ML Williams SC/Mr DS Weinberger/Mr SA Lawrence - Respondents Solicitors: Dibbs Barker - Appellants McCabe Terrill - Respondents File Number(s): 2012/223427 Decision under appeal Jurisdiction: 9111 Citation: [2011] NSWSC 908 Date of Decision: 2011-08-23 00:00:00 Before: Nicholas J File Number(s): 2012/223427