CLASS ACTION CASES

John.E.ROWE

  1. McMullen v ICI Operations Pty Ltd (No 6) (1998) FCR 14. This is the first case in Australia to go to hearing. Verdict for applicant.
  2. Wilkins v Dovuro and orsNG297 of 1998. Applicant won at first instance and on appeal but lost in the High Court.
  3. Tobacco case. Instructed by Coleman & Greig, drafted pleadings and pleadings filed. Case “sold” to Slater & Gordon.
  4. Magnus v South Pacific Air Motive Pty Ltd [2001] FCA 465. Settled
  5. Symington, Leonard Thomas & Anor v Hoechst Schering Agrevo Pty Ltd & Ors [1997] FCA 969; 149 ALR 261. Settled.
  6. Cook v Pasminco (2000) 99 FCR 548. Pollution case. Pollution not goods. Case lost.
  7. Jakes v The Hills Private Hospital. This case settled before the Federal Court was called on to make orders.
  8. Tongue v Council of the City of Tamworth [2002] FCA 116. Objection to settlement by three group members objection upheld by court. Lead applicant had heart condition and released. None of the objectors prepared to become lead applicant. Case collapsed.
  9. Collin v Aspen Pharmacare Pty Ltd [2013] FCA 952. Pharmaceutical manufacturer for failing to warn of side effects. Settled
  10. Winterford v Pfizer Australia Pty. Ltd. [2015] FCA 426. Pharmaceutical manufacturer for failing to warn of side effects. Settled
  11. Lam v Rolls Royce PLC (No 3) (19 February 2015)[2015] NSWSC 83(Beech-Jones J). Psychiatric injuries to passengers and crew of a QANTAS A380 out of Singapore when an engine disintegrated. Involved application of English law in assessment of claims. Settled.
  12. De Jong v Carnival PLC [2016] NSWSC 347. Claim be passengers on cruise ship that did not proceed to destination. Settled. (See paper “Tale of Two Cruises”)
  13. Gibson v Malaysian Airline System Berhad (MH17). Case proceeding. Malaysian jet shot down by Russian missile. Claim is under the Montreal Convention for the representatives.
  14. Walsh & anor v The Commonwealth Bank of Australia Ltd. 2016/86790 (CBA case). Case pending subject to Royal Commission into Banking.
  15. Abbott v Zoetis Pty. Ltd. (Hendra). Filed in the Federal Court 19 March 2018. Horses inoculated with a medicine that had side effects of which the manufacturer provided no warnings.

The following cases are being investigated and are at various levels of preparation.

  1. Fuel Case. Collusion in fuel prices.
  2. Medication to treat psychiatric conditions have side effects of which the manufacturer had failed to warn. SOC drafted and awaiting filing in the Federal Court.
  3. 30 cancer cases on a street in a small country town. Houses built on radioactive sands being tailings from sand mining. Clear temporal relationship but problem with individual causation. Has causation problem and investigating DNA.
  4. Water case. Arsenic in water provided to significant property development that required provision of potable water. Loss of value to purchasers of properties.
  5. Motor vehicle case. Sale without warning of major defect to the engine.
  6. Superannuation case. Failure by a significant employer to pay employees the legislated superannuation.

23 March 2018

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