Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Cook v Pasminco Ltd [2000] FCA 677 PRACTICE AND PROCEDURE – Jurisdiction of Federal Court – claims of negligence and nuisance arising out of emission of allegedly noxious fumes which allegedly injured health of applicants – accrued jurisdiction – claims under Trade Practices Act 1974 (Cth) ss 75AD and 75AG that the emissions were "goods" "manufactured" by respondents and "supplied" by them "in trade or commerce" and that had a "defect". WORDS AND PHRASES – "goods" – "manufactured" – "in trade or commerce" – "supply" – "defect". Trade Practices Act 1974 (Cth) ss 75 AC, 75AD, 75AG
Re Wakim; ex parte McNally (1999) 163 ALR 270, cited Philip Morris Inc v Adam P Brown Male Fashions Pty Ltd (1981) 148 CLR 457, applied Burgundy Royale Investments Pty Ltd v Westpac Banking Corporation (1987) 18 FCR 212, applied Fitzroy Motors Pty Ltd v Hyundai Automotive Distributors Australia Pty Ltd (1995) 133 ALR 445, followed WG & B Manufacturing Pty Ltd v Tesla Farad Pty Ltd [1999] FCA 1776, followed Concrete Constructions (NSW) Pty Ltd v Nelson (1990) 169 CLR 594, applied ROSLYN GAY COOK & ORS v PASMINCO LIMITED & ORS
N 132 OF 2000 LINDGREN J 12 MAY 2000 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 132 OF 2000
BETWEEN: ROSLYN GAY COOK
First Applicant
SAMANTHA JOY COOK (by her next friend ROSLYN GAY COOK)
Second Applicant
VICKI LEAH BLAD
Third Applicant
ASHLEIGH AGARS (by his next friend VICKI LEAH BLAD)
Fourth Applicant
AND: PASMINCO LIMITED
First Respondent
PASMINCO COCKLE CREEK SMELTER PTY LIMITED
Second Respondent
PASMINCO PORT PIRIE SMELTER PTY LIMITED
Third Respondent
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