McMullin, Brian & Anor v ICI Australia Operations Pty Ltd & Anor [1998] FCA 1408

McMullin, Brian & Anor v ICI Australia Operations Pty Ltd & Anor [1998] FCA 1408

The Judicial Registrar's use of 30 June 1996 as the date for loss assessment was unjustified; damages assessment must include all relevant factors and not rely on arbitrary dates unless reasons are given. The Scott Schedule is a legitimate methodology for calculating damages provided evidence supports the items claimed. Where evidence is lacking, the tribunal must consider the probability and reliability of witness testimony.

Parties
Applicant: Brian McMullin; Applicant: Leone Margaret McMullin; First Respondent: ICI Australia Operations Pty Ltd; Second Respondent: Crop Care Australasia Pty Ltd
Jurisdiction
Australia
Judgment Date
02 November 1998
Procedural Posture
Damages Claim / Review of Judicial Registrar's Determination
Outcome
Determination of Judicial Registrar Walker set aside; claim remitted for further determination.
Legal Topics
Damages, Assessment of Damages, Evidentiary Methodology, Loss Computation
Tort Damages Assessment of Damages Evidentiary Methodology Loss Computation

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Parties

Brian McMullin

Applicant

Leone Margaret McMullin

Applicant

ICI Australia Operations Pty Ltd

First Respondent

Crop Care Australasia Pty Ltd

Second Respondent

Procedural Posture

Damages Claim / Review of Judicial Registrar's Determination

Legal Issues

  1. 1 Appropriate date for assessment of damages following contamination
  2. 2 Methodology for calculation of damages, including use of Scott Schedule
  3. 3 Admission and assessment of evidence in absence of documentation

Ratio Decidendi

The Judicial Registrar's use of 30 June 1996 as the date for loss assessment was unjustified; damages assessment must include all relevant factors and not rely on arbitrary dates unless reasons are given. The Scott Schedule is a legitimate methodology for calculating damages provided evidence supports the items claimed. Where evidence is lacking, the tribunal must consider the probability and reliability of witness testimony.

Court Disposition

Determination of Judicial Registrar Walker set aside; claim remitted for further determination.

Orders

  • The determination of Judicial Registrar Walker in respect of the claim of C F & R Pursehouse be set aside.
  • The said claim be remitted to the Judicial Registrar for further determination in the light of the existing evidence and any further evidence either party may adduce.