Dovuro Pty Limited v Wilkins [2003] HCA 51

HIGH COURT OF AUSTRALIA

GLEESON CJ,

McHUGH, GUMMOW, KIRBY, HAYNE, CALLINAN AND HEYDON JJ

DOVURO PTY LIMITED APPELLANT

AND

ROBERT JOHN WILKINS & ORS RESPONDENTS

Dovuro Pty Limited v Wilkins [2003] HCA 51

11 September 2003

S357/2002

ORDER

1. Appeal allowed with costs.

2. Set aside paragraph 1 of the orders of the Full Court of the Federal Court made on 21 December 2000 and paragraphs 3, 4 and 6 of the orders of that Court made on 5 March 2001 and, in lieu thereof, order that:

1. the appeal by Dovuro Pty Ltd ("Dovuro") against the declarations made by Wilcox J on 19 May 2000 be allowed with costs; and 2. the declarations made by Wilcox J on 19 May 2000 be set aside and, in lieu thereof, judgment be entered for Dovuro with costs.

On appeal from the Federal Court of Australia

Representation:

B W Rayment QC with M M Macrossan for the appellant (instructed by Griffith Hack Lawyers)

C T Barry QC with J E Rowe for the first respondents (instructed by Long Howland Lawyers)

No appearance for the second and third respondents

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

CATCHWORDS

Dovuro Pty Limited v Wilkins

Negligence – Breach of duty – Canola seeds imported from New Zealand – Imported seed also contained weed seeds – Whether reasonably foreseeable that weeds would be declared prohibited plants by Western Australian Government with consequent financial loss to purchasers.

Practice and procedure – Federal Court – Proceedings under Federal Court of Australia Act 1976 (Cth), Pt IVA – Powers of Court to make "declarations of liability" – Interlocutory declaration of liability – Whether available and should have been made.

Evidence – Admissions – Civil proceedings for damages for negligence – Distinction between admission and apology – Availability of admission by party of mixed law and fact.