Payless Superbarn Pty Ltd v O’Gara (1990) 19 NSWLR

Facts: O’Gara (plaintiff; respondent) sued a supermarket when she allegedly slipped on grapes on the floor. She had not been cross-examined about the presence of the grapes. The appellant sought to adduce evidence that no grapes had been there. The trial judge (TJ) instructed the jury not to take account of the evidence.

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