Mobil Oil Australia Pty Ltd v Victoria [2002] HCA 27

HIGH COURT OF AUSTRALIA

GLEESON CJ,

GAUDRON, GUMMOW, KIRBY, HAYNE AND CALLINAN JJ

MOBIL OIL AUSTRALIA PTY LTD PLAINTIFF

AND

THE STATE OF VICTORIA & ANOR DEFENDANTS

Mobil Oil Australia Pty Ltd v Victoria [2002] HCA 27

26 June 2002

M141/2000

ORDER

Each of the demurrers to the amended statement of claim is allowed with costs.

Representation:

D F Jackson QC with G R Kennett for the plaintiff (instructed by Blake Dawson Waldron)

D Graham QC, Solicitor-General for the State of Victoria with C M Kenny for the first defendant (instructed by Victorian Government Solicitor)

J B R Beach QC with B F Quinn and L M Nichols for the second defendant (instructed by Slater & Gordon)

Interveners:

D M J Bennett QC, Solicitor-General of the Commonwealth with K L Eastman and G A Hill intervening on behalf of the Attorney-General of the Commonwealth (instructed by Australian Government Solicitor)

B M Selway QC, Solicitor-General for the State of South Australia with P S Psaltis intervening on behalf of the Attorney-General for the State of South Australia (instructed by Crown Solicitor for the State of South Australia)

M G Sexton SC, Solicitor-General for the State of New South Wales with M J Leeming intervening on behalf of the Attorney-General for the State of New South Wales (instructed by Crown Solicitor for the State of New South Wales)

R M Mitchell intervening on behalf of the Attorney-General for the State of Western Australia (instructed by Crown Solicitor for the State of Western Australia)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Mobil Oil Australia Pty Ltd v Victoria

Practice and procedure – Group proceedings – Defendant to group proceeding manufactured defective aviation fuel – Group proceeding commenced against manufacturer alleging breach of contract and negligence – Proceeding arose out of the same or similar circumstances and gave rise to a substantial common question of law or fact – Originating process served on manufacturer within the jurisdiction.