ARTICLE · 17 DECEMBER 2012

A second bite for KFC: salmonella poisoning

Hall & Wilcox

Contributor

Hall & Wilcox

Hall & Wilcox

Hall & Wilcox is a leading independent Australian law firm. We are a national firm with eight...

View firm profile

Explore more from Hall & Wilcox

The decision is now being appealed, so we shall see what the Court of Appeal makes of relatively inconclusive evidence.

AustraliaInsurance

Andrew Lyle

Matt McDonald

In our June 2012 edition of Insurable Interest we reported on a decision by the New South Wales Supreme Court that a young girl sustained salmonella poisoning from eating KFC chicken. As anticipated, this decision has now been appealed and it will be fascinating to see what the Court of Appeal makes of the relatively inconclusive evidence.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Related Articles

ASIC Puts Motor Vehicle Premium Transparency Under The Spotlight

AustraliaInsurance

Gilchrist Connell

Navigating CTE Claims: A Guide For Insurers - August 2026 Update

AustraliaInsurance

Accountability vs Insurance Coverage: What Health Practitioners Need To Know

AustraliaInsurance

Bennett & Philp Lawyers

Clash Of Coverage: Side B vs Side C

AustraliaInsurance

Inquest Into The Death Of Simon Gaskill: Systemic Gaps In Discharge Planning For Patients Experiencing Homelessness

AustraliaInsurance

Read more about

Related Comparative Guides

Comparative Guide

Insurance & Reinsurance

See more popular content from

InsuranceHall & Wilcox

ASIC Puts Motor Vehicle Premium Transparency Under The Spotlight

ASIC's Report 838 reveals significant transparency gaps in motor vehicle insurance premium communications, finding that renewal documents often fail to explain price changes adequately and that over 30% of consumers who contacted their insurer successfully negotiated lower premiums. The report establishes clear expectations for better practice in pricing disclosures and signals continued regulatory scrutiny of insurance pricing practices.

AustraliaInsurance

Gilchrist Connell

Navigating CTE Claims: A Guide For Insurers - August 2026 Update

Since the guide was first published in March 2026, significant developments have emerged across the medical, sporting, regulatory and litigation landscape.

AustraliaInsurance

Accountability vs Insurance Coverage: What Health Practitioners Need To Know

When seeking legal advice for complaints or referrals, it is important for health practitioners to understand the scope of their Professional Indemnity Insurance (PII). PII generally covers legal defence costs, assistance during investigations, and any damages or penalties that fall within the policy terms. However, most insurance policies contain clauses that prohibit practitioners from admitting liability without the consent of the insurer.

AustraliaInsurance

Bennett & Philp Lawyers

Clash Of Coverage: Side B vs Side C

The Full Court of the Federal Court of Australia recently dismissed an appeal in Nuix Limited v Berkshire Hathaway Specialty Insurance Company [2026] FCAFC 87 and found that the larger of two retentions applied when considering aggregation of coverage under the insured’s policies.

AustraliaInsurance

Inquest Into The Death Of Simon Gaskill: Systemic Gaps In Discharge Planning For Patients Experiencing Homelessness

A coronial inquest into the death of Simon Gaskill reveals critical failures in hospital discharge planning for homeless patients with complex health needs. The case examines how standard discharge procedures failed to account for the practical realities of homelessness, leaving a vulnerable patient without meaningful access to follow-up care.

AustraliaInsurance

Delayed Total & Permanent Disability Payments: When Insurers May Owe You More

For most reaching the end of a Total & Permeant Disability (TPD) Claim marks the finalisation of a long and stressful journey — finally, a sense of relief and financial certainty after months (or years) of uncertainty.

AustraliaInsurance

Carroll & O'Dea

Broker Negligence, Hypothetical Cover And Section 54

The Victorian Supreme Court has clarified the burden of proof in broker negligence claims, establishing that insureds must demonstrate a hypothetical insurance policy would have responded to their loss. This landmark decision examines the interplay between causation requirements, section 54 of the Insurance Contracts Act, alteration of use clauses, and broker renewal obligations in the context of a major warehouse fire claim.

AustraliaInsurance

Gilchrist Connell

How A Recent Court Case Can Impact Your Total Permanent Disability Benefit

Picture two people with the same illness, same diagnosis, same inability to work. One claimant receives the full Total Permanent Disability (TPD) benefit they expected and the second receives noticeably less...

AustraliaInsurance

Carroll & O'Dea

Honest Belief Is No Absolute Defence: Exemplary Damages For Institutional Misconduct

The High Court confirmed that an institutional defendant cannot escape exemplary damages simply because its agents honestly believed their conduct was lawful. Where institutional failures expose callous disregard for vulnerable people in their custody, exemplary damages remain available.

AustraliaInsurance

Inquest Into The Death Of Benjamin Anthony Freear: Regional General Practice And The Limits Of Care

In the early hours of 8 December 2019, on a rural property at St Mary near Tiaro in Queensland, Benjamin Freear (the deceased) moved between properties armed with a .303 rifle, firing at neighbours, vehicles and buildings, and telling others he expected to die.

AustraliaInsurance

Assessing The First 100 Days Of Australia's New Merger Regime

Australia’s new merger control regime has been in force since 1 January 2026, with the ACCC noting it is ‘off to a positive start’.

AustraliaAntitrust/Competition Law

Construction of Contracts - The Franklins v Metcash decision may not be dead after all: OneSteel Manufacturing Pty Limited v BlueScope Steel

An intriguing development in the admissibility of extrinsic material in the construction of commercial contracts.

AustraliaCorporate/Commercial Law

The net is cast wider: Four-year time limit for ATO amendments for potentially all taxpayers

The Court has ruled that taxpayers who are objects of discretionary trusts are subject to a four-year amendment period.

Google wins in the High Court

After a resounding loss against the ACCC in the Full Federal Court, Google has succeeded on appeal in the High Court.

AustraliaConsumer Protection

Applications opening soon for default super fund listing

These changes mean important opportunities for funds to be listed as default superannuation funds under modern awards.

AustraliaEmployment and HR

Latest development on the tax treatment of pension assets and death

Investment earnings on assets supporting pensions will still be tax exempt until superannuation death benefits are paid,.

National Consumer Credit Protection Phase 2 Reforms for Small Business Lending and Investment Lending

As a part of the Federal Government's Phase 2 Consumer Credit Reforms, Treasury has released exposure draft legislation.

AustraliaConsumer Protection

Abolishing Member Protection Rules proposed

Superannuation funds will need to start thinking about how this change will affect their internal systems and processes.

AustraliaFinance and Banking

MySuper and last minute changes to Tranche 3

The end of 2012 saw a number of further developments on the MySuper front.

AustraliaEmployment and HR

Fair Work Act changes in response to Panel recommendations

The Act will give effect to around one third of the Panel's recommendations to reform and improve workplace relations.

AustraliaEmployment and HR