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Judgment date
Case number
P39/1999
Before
Gleeson CJ, Gaudron, McHugh, Kirby, Hayne JJ
Catchwords
Negligence – Res ipsa loquitur - Circumstances in which res ipsa loquitur can be used - Effect of the application of res ipsa loquitur - Whether res ipsa loquitur affects the burden of proof - Whether res ipsa loquitur more than a permissible process of reasoning.
Practice and procedure – Amendment - Reopening of issues at trial - Need for care.
Words and phrases – "res ipsa loquitur".