Author: Ryan Stehlik, Senior Associate
Woolworths has successfully appealed the New South Wales District Court’s findings that its staff members were negligent for either causing the suspect grape to fall to the ground or failing to identify it on the ground just after the store had opened.
The Court of Appeal found the inferences of the judge at first instance were not correct, and Woolworths’ staff were not required to keep a ‘perfect’ lookout.
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