Glendale Chemical Products Pty Ltd v Australian Competition & Consumer Commission & Anor [1998] FCA 1571

FEDERAL COURT OF AUSTRALIA

PRODUCT LIABILITY Ð Caustic soda Ð Injury to user when caustic soda added to hot water in drain Ð Labelling Ð Adequacy of warnings printed on label Ð Caustic soda purchased in bulk by respondent and packed by it Ð Whether respondent was ÒmanufacturerÓ of product for the purposes of Part VA of Trade Practices Act Ð Whether the product had a ÒdefectÓ within the meaning of that Part Ð Whether there was a causal connection between the defect and the injuries Ð Whether acts or omissions of victim contributed to his injuries Ð Negligence. Trade Practices Act 1974 (Cth) ss 52, 53(c), 74A, 75AA, 75AB, 75AC, 75AD and 75AN GLENDALE CHEMICAL PRODUCTS PTY LTD v AUSTRALIAN COMPETITION AND CONSUMER COMMISSION and MICHAEL JOHN BARNES NG329 OF 1998 WILCOX, TAMBERLIN and SACKVILLE JJ 10 DECEMBER 1998 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG329 of 1998

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: GLENDALE CHEMICAL PRODUCTS PTY LTD

Appellant

AND: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

First Respondent

MICHAEL JOHN BARNES

Second Respondent

JUDGES: WILCOX, TAMBERLIN AND SACKVILLE JJ DATE OF ORDER: 6 NOVEMBER 1998

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the costs of the respondents.

Note: Settlement and entry of orders is dealt with in order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG329 of 1998

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: GLENDALE CHEMICAL PRODUCTS PTY LTD

Appellant

AND: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

First Respondent

MICHAEL JOHN BARNES