McMullin, Brian & Anor v ICI Australia Operations Pty Ltd & Ors [1998] FCA 1172

McMullin, Brian & Anor v ICI Australia Operations Pty Ltd & Ors [1998] FCA 1172

The appropriate damages methodology depended on the claimants' intentions and circumstances at the time of loss. For Mr Pursehouse, the Scott schedule crystallisation methodology as at 30 June 1996 was accepted; the delayed-sale claim for twenty-nine cows and calves failed because Helix did not stop their November 1994 sale, but the delayed-sale claim for 122 cows and store calves was allowed because it was probable he intended to sell them in December 1994 and CFZ contamination delayed that sale. Loss for two bulls, sorghum used for Helix-affected cattle, and discounted incidentals was allowed, while the poisoned dogs were unforeseeable. For Mr Grosser, the challenges based on small...

Jurisdiction
Australia
Judgment Date
17 September 1998
Procedural Posture
Assessment of Quantum of Damages for Losses From CFZ Contamination of Cattle / Matter Referred for Assessment by Wilcox J Pursuant to S 18 Ab(1 A) of the Federal Court of Australia Act 1976 (cth); Reasons Determine Compensable Items and Leave Final Calculations to the Parties
Outcome
Compensable items were determined in part for the Pursehouse claim and allowed for the Grosser claim as specified; final calculations and formal orders were left to the parties.
Legal Topics
['assessment Date for Damages' 'chlorfluazuron Contamination of Cattle' 'delayed Sale of Cattle' 'mitigation of Loss' 'foreseeability of Consequential Loss' 'calculation of Economic Loss']
['damages' 'tort' 'agricultural Contamination'] ['assessment Date for Damages' 'chlorfluazuron Contamination of Cattle' 'delayed Sale of Cattle' 'mitigation of Loss' 'foreseeability of Consequential Loss' 'calculation of Economic Loss']

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Procedural Posture

Assessment of Quantum of Damages for Losses From CFZ Contamination of Cattle / Matter Referred for Assessment by Wilcox J Pursuant to S 18 Ab(1 A) of the Federal Court of Australia Act 1976 (cth); Reasons Determine Compensable Items and Leave Final Calculations to the Parties

Legal Issues

  1. 1 ['Whether damages should be assessed by reference to the claimed crystallisation date of 30 June 1996 or at the time of the hearing.' 'Whether Mr Clive Francis Pursehouse proved that CFZ contamination caused delayed sales of twenty-nine Hereford cows and calves and 122 cows and store calves.' 'Whether claimed losses for two bulls, two cattle dogs, sorghum feed, and other costs and incidentals were compensable.' 'Whether Mr Glen Ivan Grosser proved losses from retaining cattle, buying hay, and grazing off part of his 1995 barley crop as a result of CFZ contamination.' 'Whether alleged failures to test earlier or sell immediately after removal from the tail tag list defeated or reduced the claims.']

Ratio Decidendi

The appropriate damages methodology depended on the claimants' intentions and circumstances at the time of loss. For Mr Pursehouse, the Scott schedule crystallisation methodology as at 30 June 1996 was accepted; the delayed-sale claim for twenty-nine cows and calves failed because Helix did not stop their November 1994 sale, but the delayed-sale claim for 122 cows and store calves was allowed because it was probable he intended to sell them in December 1994 and CFZ contamination delayed that sale. Loss for two bulls, sorghum used for Helix-affected cattle, and discounted incidentals was allowed, while the poisoned dogs were unforeseeable. For Mr Grosser, the challenges based on small...

Court Disposition

Compensable items were determined in part for the Pursehouse claim and allowed for the Grosser claim as specified; final calculations and formal orders were left to the parties.

Orders

  • ['In accordance with the procedure adopted by Justice Wilcox, the task of making the final calculations will be left to the parties.' 'An agreed form of order concerning the final calculations is to be submitted by the parties.' 'If acceptable, such order will be made in Chambers.' 'Short minutes of order should be...