Aus KFC Records and CCTV Purged?

A Sydney KFC outlet has apparently purged records denying a plaintiff the opportunity to verify culpability in a case of salmonella poisoning and an 11 year old girl.

Now while that doesn’t sound like something out of Wild West franchise lawyering it does sound a little suspicious.  

In the NSW Supreme Court on Monday, Samaan's barrister, Anthony Bartlett SC, told the court he believed a "substantial volume of documents" kept by KFC had been purged. FoodWeek

I am not a Judge [or a lawyer] but without those records and if the ‘purging’ were to be found to be accurate I think I would be leaning towards the plaintiff.  And perhaps even a criminal charge if an investigation supported such an action.  

The defence appears to be relying on the suggestion that the child’s father purchased the Twister and not the child at the centre of the case?

These are totally unsubstantiated suggestions and appear to be an attempt to distract attention from the real issue, which, in light of the sales records, is proving Mr Samaan actually purchased the Twister from the store in the first place.

And on an almost totally unrelated matter, Justice Stephen Rothman;

‘Unfair contracts (and to a lesser degree the award system generally) look at the fairness or otherwise of the result. The common law looks at the reasonableness or otherwise of conduct under the contract. Thus it is whether the employer or employee has conducted itself, himself or herself in exercising rights under the contract in a manner which is capricious, for example, or generally unreasonable, not whether the bargain reached by the parties is itself unreasonable.’