McMullin v ICI Australia Operations Pty Ltd [1999] FCA 1814

FEDERAL COURT OF AUSTRALIA McMullin v ICI Australia Operations Pty Ltd [1999] FCA 1814 PRACTICE AND PROCEDURE – Application to reopen previous determination of categories of persons to whom respondent owed a duty not to cause pure economic loss – Judgment not yet entered – Circumstances under which the Court should allow reopening of such an issue - Whether the decision in Perre v Apand Pty Ltd establishes that previous determination was erroneous – Application refused. Perre v Apand Pty Ltd [1999] HCA 36, 164 ALR 606 considered

BRIAN McMULLIN and LEONE MARGARET McMULLIN v ICI AUSTRALIA OPERATIONS PTY LTD, ICI AUSTRALIA LIMITED and CROP CARE AUSTRALIA PTY LIMITED NG305 of 1995 WILCOX J 23 DECEMBER 1999 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG305 of 1995

BETWEEN: BRIAN McMULLIN and LEONE MARGARET McMULLIN

Applicants

AND: ICI AUSTRALIA OPERATIONS PTY LTD

First Respondent

ICI AUSTRALIA LIMITED

Second Respondent

CROP CARE AUSTRALIA PTY LIMITED

Third Respondent

JUDGE: WILCOX J

DATE: 23 DECEMBER 1999

PLACE: SYDNEY

THE COURT ORDERS THAT: 1. The application of the applicants to reopen the issue of the categories of persons to whom the respondents owed a common law duty of care be refused. 2. The applicants pay the costs of the respondents in relation to that application, including the costs connected with the provision of written submissions, but limited to one-half of the costs associated with the hearing on 9 December 1999. 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 NG305 of 1995

BETWEEN: BRIAN McMULLIN and LEONE MARGARET McMULLIN

Applicants

AND: ICI AUSTRALIA OPERATIONS PTY LTD