McMullin, Brian & Anor v ICI Australia Operations Pty Ltd & Ors (No. 7) [1998] FCA 962

McMullin, Brian & Anor v ICI Australia Operations Pty Ltd & Ors (No. 7) [1998] FCA 962

The claimants failed to prove, on the balance of probabilities, that absent CFZ contamination, all breeding cattle would have been sold and cropping expanded; losses claimed due to regulatory change were too remote; damages allowed only for specific proven losses and agreed items.

Jurisdiction
Australia
Judgment Date
14 August 1998
Procedural Posture
Damages Claim / Determination of Quantum of Damages
Outcome
Damages allowed for some proven items; majority of claims rejected
Legal Topics
['damages for Contamination' 'negligence' 'remoteness of Damage']
['torts'] ['damages for Contamination' 'negligence' 'remoteness of Damage']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Damages Claim / Determination of Quantum of Damages

Legal Issues

  1. 1 ['Quantum of damages arising from CFZ contamination of cattle' 'Foreseeability and remoteness of losses due to regulation']

Ratio Decidendi

The claimants failed to prove, on the balance of probabilities, that absent CFZ contamination, all breeding cattle would have been sold and cropping expanded; losses claimed due to regulatory change were too remote; damages allowed only for specific proven losses and agreed items.

Court Disposition

Damages allowed for some proven items; majority of claims rejected

Orders

  • ['Parties to calculate and submit agreed form of order for damages, including interest; orders to be made in Chambers upon submission.']