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.
Appeal – Concession made at trial – Whether issue can be argued for first time on appeal.
Words and phrases – "declarations of liability".
Customs Act 1901 (Cth).
Quarantine Act 1908 (Cth).
Federal Court of Australia Act 1976 (Cth) – Pt IVA.
Agriculture and Related Resources Protection Act 1976 (WA).