NSW Caselaw
New South Wales Supreme Court
CITATION : Forbes v Selleys Pty Limited [2002] NSWSC 547 FILE NUMBER(S) : SC 20241/00; 20233/00 HEARING DATE(S) : 23/04/02, 24/04/02, 26/04/02, 29/04/02, 16/05/02, 17/05/02, 20/05/02 - 24/05/02, 17/06/02, 19/06/02 JUDGMENT DATE : 3 July 2002
First Plaintiff: Charles Barstow Wright Forbes PARTIES : Second Plaintiff: Tara-Jane Forbes Defendant: Selleys Pty Limited (also known as Selleys Chemical Company Pty Ltd) JUDGMENT OF : Cripps AJ at 1
Plaintiff: COUNSEL : PR Hennessy SC & A Capelin M McCulloch & D Villa SOLICITORS : Plaintiff: Abbott Tout Solicitors Defendant: Phillips Fox CATCHWORDS : Product Liability - Legal Causation LEGISLATION CITED : Trade Practices Act 1974 (Cth) Glendale Chemical Products Pty Ltd v Australian Competition & Consumer Commission (1998) 90 FCR 40 CASES CITED : Adelaide Stevedoring Co Ltd v Forst (1940) 64 CLR 538 Seltsam Pty Ltd v McGuiness (2000) 49 NSWLR 262 DECISION : Verdict and Judgment for the defendant in both actions.
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
CRIPPS AJ
3 July 2002
20241/00 Charles Barstow Wright Forbes v Selleys Pty Ltd
20233/00 Tara-Jane Forbes v Selleys Pty Ltd
JUDGMENT 1 His Honour: Mr Forbes and Mrs Forbes (the plaintiffs) have sued Selleys Pty Ltd (the defendants) claiming damages arising out of a seizure suffered by Mr Forbes on Monday 17 February 1997. It is alleged that Mr Forbes suffered toxic encephalopathy as a consequence of using a product known as "Selleys Space Invader" (SSI) on 15 February 1997.
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