The Big Spill: Damages for contamination to land

A recent decision by the Supreme Court of Victoria highlights the importance of particularising claims for damages at an early stage of proceedings. The decision arose from contamination to land and highlights why ensuring correct identification of the heads of damages claimed reduces the risk of being unable to satisfy evidentiary burdens. Here, Partner Karen Browne and Law Graduate Emily Pendlebury discuss how Justice Digby's decision in Winky Pop & Anor v Mobil Refining Australia Pty Ltd demonstrates the danger in casting the net too widely.

The facts

The Plaintiffs, Winky Pop Pty Ltd and OR Australia Pty Ltd, are part of the Hallmarc Group; a group of companies that develop residential and commercial properties. The Plaintiffs own land in Williamstown North, Victoria (the land).