Federal Court of Australia
CATCHWORDS NEGLIGENCE - Product liability - Liability of manufacturer of agricultural pesticide for use on cotton - Pesticide bio-accumulative and persistent - Contamination of cattle caused by ingestion of the chemical from over-spray, spray-drift and consumption of cotton gin trash - Foreseeability - Manufacturer's knowledge of the chemical's characteristics and industry practice concerning feeding of cotton gin trash - Duty of Care - Proximity - Position of various classes of claimants: owners of cattle at time of contamination, owners at time of discovery of contamination, persons holding cattle, persons suffering losses of sales, reduced prices etc. TRADE PRACTICES - Misleading and deceptive conduct - Manufacturer's failure to warn or notify withholding period -Need for casual connection with losses. PUBLIC AUTHORITIES - Negligence - Approval of registration of products - Failure of regulatory authorities to ascertain relevant facts and perceive deficiencies in manufacturer's registration application - Duty of care - Nature of decision - Whether within "policy" or "operational" sphere - Advice by government officers concerning feeding of cotton trash - Claim of vicarious liability against employer governments - Necessity for personal fault of employees. FAIR TRADING - Application of legislation to State government - Whether relevant conduct occurred in the course of government carrying on a business. No NG305 of 1997 BRIAN McMULLIN and LEONE MARGARET McMULLIN v ICI AUSTRALIA OPERATIONS PTY LTD, ICI AUSTRALIA LIMITED, CROP CARE AUSTRALIA PTY LIMITED, THE STATE OF NEW SOUTH WALES, THE STATE OF QUEENSLAND, AUSCOTT LIMITED, GURLEY STATION PTY LIMITED, LEYDE PTY LIMITED, NEIL STEWART SOWERBY, DUNAVANT GINNING PTY LIMITED, QUEENSLAND COTTON CORPORATION LIMITED, COLLY FARMS LIMITED, DARLING RIVER COTTON PTY LIMITED, NORTH-WEST GINNING PTY LIMITED, NAMOI COTTON CO-OPERATIVE LIMITED, DEAN PHILLIPS, INC, TWYNAM COTTON PTY LIMITED, LIMETOWN PTY LIMITED, TARIGI PTY LIMITED and KOTAKI PTY LIMITED CORAM: WILCOX J PLACE: SYDNEY DATED: 24 June 1997
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