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It was held in this case per Gleeson CJ, McHugh and Kirby JJ that although the trial judge applied the principle of res ipsa loquitor, he made no finding that this was a case where the accident would not ordinarily have occurred without negligence on the part of the respondent. There Honours stated that where an occurrence is outside the experience of the lay person and the evidence, expert or otherwise, does not establish that such an occurrence ordinarily does not occur without negligence, res ipsa loquitor is inapplicable...

There Honours stated that where an occurrence is outside the experience of the lay person and the evidence, expert or otherwise, does not establish that such an occurrence ordinarily does not occur without negligence, res ipsa loquitor is inapplicable.

It is critical to note Kirby J’s judgment in this case...

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