Federal Court of Australia
FEDERAL COURT OF AUSTRALIA Schneider v Hoechst Schering Agrevo Pty Ltd [2000] FCA 154 PRACTICE AND PROCEDURE - cases heard together but not consolidated – evidential difficulties. REPRESENTATIVE PROCEEDINGS – damaged wheat crops – reduced yield at harvest. NEGLIGENCE – product liability – manufacturers and distributors of agricultural herbicide – failure to warn– causation – foreseeability – sufficiency of trials on the herbicide. CAUSATION – a combination of unknown factors –distinction between "essential condition" and "legal cause" – "but for" test - role of expert evidence in determining causation. Trade Practices Act 1974 (Cth) ss 52, 70, 71 and 74 Sale of Goods Act 1924 (NSW) ss 18 and 19 Fair Trading Act 1987 (NSW) s 42 McGhee v National Coal Board [1973] 1 WLR 1 referred to
March v Stramare [1991] 171 CLR 506 followed
Bennett v Minister of Community Welfare [1992] 176 CLR 408 followed
Commonwealth v McLean [1997] 41 NSWLR referred to
Chappel v Hart [1998] 156 ALR 517 referred to
Tubemakers of Australia Ltd v Fernandez (1976) 50 ALJR 720 referred to
Dahl v Grice [1981] VR 513 applied
DAVID LOUIS SCHNEIDER v HOECHST SCHERING AGREVO PTY LTD, IAMA LTD
NG 374 of 1997
JIM MASMAN, LORETTA MASMAN, JAMES MASMAN and JON MASMAN v CASTLEREAGH MACQUARIE COUNTY COUNCIL, HOECHST SCHERING AGREVO PTY LTD
NG 931 of 1997
ELWIN JOHN EDWARDS and SCOTT ANTHONY EDWARDS v BAYEBB PTY LTD, HOECHST SCHERING AGREVO PTY LTD
NG 932 of 1997
WILLIAM LUDLOW CHAPMAN and JEAN CHAPMAN v WICKMAN RYAN PTY LTD, WESFARMERS DALGETY LTD, HOECHST SCHERING AGREVO PTY LTD
NG 77 of 1998
JUDGE: MATHEWS J
PLACE: SYDNEY
DATE: 29 MARCH 2000
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 77 of 1998
BETWEEN: WILLIAM LUDLOW CHAPMAN & JEAN CHAPMAN
Applicants
AND: WICKMAN RYAN PTY LTD
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