Dovuro Pty Ltd v Wilkins

The High Court of Australia heard an appeal from Dovuro Pty Ltd concerning a dispute with the Wilkins. The Wilkins had purchased canola seed, known as "Karoo," which had been imported into Australia by Dovuro from New Zealand. The seed was found to contain weed seeds, specifically redshank, field madder, and cleavers. The Wilkins alleged that Dovuro was aware of the presence of these weeds in the seed and failed to notify either the Western Australian agricultural authorities or the growers, including themselves, of this fact. This failure, they contended, led to financial loss.

The central legal issues before the High Court were whether Dovuro had breached its duty of care to the Wilkins in negligence, and whether it was reasonably foreseeable that the presence of these weed seeds would result in the weeds being declared prohibited plants by the Western Australian Government, thereby causing financial loss to purchasers. Additionally, the Court considered the availability and appropriateness of making an interlocutory declaration of liability under Part IVA of the *Federal Court of Australia Act 1976* (Cth). The Court also examined the distinction between an admission and an apology in civil proceedings and whether an issue could be argued for the first time on appeal if a concession had been made at trial.

The High Court allowed Dovuro's appeal, setting aside the declarations of liability made by the primary judge and the Full Court of the Federal Court. The Court reasoned that it was not reasonably foreseeable that the weeds present in the canola seed would be declared prohibited plants by the Western Australian Government, leading to financial loss for purchasers. The Court found that the primary judge had erred in making declarations of liability, and that the appeal should be allowed on this basis. The Court also noted that the Wilkins' claims under the *Trade Practices Act 1974* (Cth) had been rejected at trial and were not pursued on appeal.

Consequently, the High Court ordered that the appeal be allowed with costs. The previous orders of the Full Court of the Federal Court were set aside, and judgment was entered for Dovuro Pty Ltd with costs.