In an April 2012 New South Wales Supreme Court decision in Samaan v Kentucky Fried Chicken Pty Ltd(1) KFC was held liable to pay A$8 million in compensation for brain damage suffered by a plaintiff as a result of food poisoning (for further information please see "Stringent product safety procedures fail to save KFC in poisoning case").

However, in mid-September KFC lodged its appeal against the first instance decision, arguing there had been a failure to consider evidence and errors in the judge's factual findings and the weight given to certain evidence.

For further information on this topic please contact Moira Saville at King & Wood Mallesons by telephone (+61 2 9296 2000), fax (+61 2 9296 3999) or email (moira.saville@au.kwm.com).

Endnotes

(1) [2012] NSWSC 381.

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