Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sanda v PTTEP Australasia (Ashmore Cartier) Pty Ltd (No 7) [2021] FCA 237 File number: NSD 1245 of 2016
Judge: YATES J
Date of judgment: 19 March 2021
Catchwords: REPRESENTATIVE PROCEEDINGS – common law negligence – oil spill from an oil well within the offshore area of the Territory of Ashmore and Cartier Islands – where the respondent was the holder of a petroleum production licence for an area covering the Montara oil field where the well was located – where the respondent had the responsibility to exercise control over the suspension and operation of the well – whether oil from the spill reached the coastal areas of the Regencies of Kupang and Rote in Indonesia – whether oil from the spill caused or materially contributed to the death and loss of seaweed crops in those areas – where the applicant and Group Members are seaweed farmers – whether the respondent owed the applicant and Group Members a duty of care – whether the respondent breached its duty of care – whether the applicant has established that he suffered loss and damage – assessment of the applicant's damages
Legislation: Environment Protection and Biodiversity Conservation Act 1999 (Cth) Federal Court of Australia Act 1976 (Cth) Offshore Petroleum Act 2006 (Cth) Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cth) s 569 Petroleum (Submerged Lands) (Management of the Environment) Regulations 1999 (Cth) reg 14(8) Limitation Act 1981 (NT) s 44
Cases cited: Bryan v Maloney (1995) 182 CLR 609 Caltex Refineries (QLD) Pty Ltd v Stavar [2009] NSWCA 258; 75 NSWLR 649 Chapman v Hearse (1961) 106 CLR 112 Fink v Fink (1946) 74 CLR 127 Generic Health Pty Ltd v Bayer Pharma Aktiengesellschaft [2018] FCAFC 183; 267 FCR 428 Malec v JC Hutton Pty Ltd (1990) 169 CLR 638 Mineralogy Pty Ltd v Sino Iron Pty Ltd (No 16) [2017] WASC 340 Perre v Apand Pty Ltd [1999] HCA 36; 198 CLR 180 Place (Granny Smith) Pty Ltd v Thiess Contractors Pty Ltd [2003] HCA 10; 196 ALR 257 Sanda v PTTEP Australasia (Ashmore Cartier) Pty Ltd (No 3) [2017] FCA 1272 Sanda v PTTEP Australasia (Ashmore Cartier) Pty Ltd (No 6) [2019] FCA 1853 Shirt v Wyong Shire Council [1978] 1 NSWLR 631 The Commonwealth of Australia v Amann Aviation Pty Limited (1991) 174 CLR 64 The Council of Wyong Shire v Shirt (1980) 146 CLR 40
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