High Court of Australia

Dovuro Pty Limited v Wilkins [2003] HCA 51

215 CLR 317; 77 ALJR 1706; 201 ALR 139

11 Sep 2003

Case Number: S357/2002

Before

Gleeson CJ, McHugh, Gummow, Kirby, Hayne, Callinan, Heydon JJ

Catchwords

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).

Quarantine (Plants) Regulations 1935 (Cth).

Customs (Prohibited Imports) Regulations 1956 (Cth).
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