Case note: Prosper the government, suffer the practitioner: The Graham Barclay oysters litigation

Abstract

The Australian High Court ruling on the Graham Barclays Oysters case, where oysters unfit for human consumption were said to have caused hepatitis, held the company not liable for negligence, but liable to pay for damages due to breach of Trade Practices Act. However, the Council and the State were found not liable for negligence for oyster growth in the Council lake, which leads to the courts’ difficulty in deciding on a reasonable or unreasonable conduct in the circumstances.