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

FEDERAL COURT OF AUSTRALIA

DAMAGES – Losses sustained by owners of cattle contaminated with chlorfluazuron – Time at which assessment of damages is made Federal Court of Australia Act 1976 (Cth) s 18AB (1A) Johnson v Perez (1988) 166 CLR 351 McMullin v ICI (Wilcox J, 27 November 1997, unreported) BRIAN McMULLIN and LEONE McMULLIN v ICI AUSTRALIA OPERATIONS PTY LTD, ICI AUSTRALIA LIMITED and CROP CARE AUSTRALIA PTY LIMITED NG 305 of 1995

JUDGE: WALKER JR DATE: 17 September 1998 PLACE: GUNNEDAH, NSW

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 305 of 1998

BETWEEN: Brian MCMullin

First Applicant

Leone McMullin

Second Applicant

AND: ICI Australia Operations Pty Ltd

First Respondent

ICI Australia Limited

Second Respondent

Crop Care Australia Pty Limited

Third Respondent

JUDGE(S): WALKER JR

DATE OF ORDER: 17 September 1998

WHERE MADE: gunnedah, nsw

THE COURT notes THAT: 1. In accordance with the procedure adopted by Justice Wilcox, the task of making the final calculations will be left to the parties. 2. An agreed form of order concerning the final calculations to be submitted by the parties. 3. If acceptable, such order as abovementioned will be made in Chambers. Naomi Englebrecht Associate to Judicial Registrar Walker

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 305 of 1998

BETWEEN: Brian McMullin

First Applicant

Leone McMullin

Second Applicant

AND: ICI Australia Operations Pty Ltd

First Respondent

ICI Australia Limited

Second Respondent

Crop Care Australia Pty Limited

Third Respondent

JUDGE(S): WALKER JR