Huntsman Chemical Company Australia Pty Ltd v Narellan Pools Pty Ltd

In the matter of Huntsman Chemical Company Australia Pty Ltd v Narellan Pools Pty Ltd, the primary issue before the court was the liability of Huntsman for contamination in a batch of resin supplied to Narellan Pools Pty Ltd, which led to the failure of swimming pools constructed with that resin. The crux of the dispute was whether Huntsman was responsible for the contamination or if it resulted from some other cause, possibly during Narellan's fabrication process. The appeal was lodged against the decision of the primary Judge who held Huntsman liable for the contamination.

The legal issues the court had to decide included whether the primary Judge correctly assessed the evidence regarding the manufacturing process and the reliability of the production sheet, and if the Judge's reasons for finding Huntsman liable were adequate and provided a sufficient basis for the decision. Huntsman argued that the primary Judge failed to adequately address their evidence and that the production sheet, despite its deficiencies, was still a reliable record of the manufacturing process. They also contended that the Judge did not properly consider the possibility of an intervening act causing the contamination.

The court, however, found that the primary Judge's reasons were sufficient and adequately addressed Huntsman's submissions. The Judge was not satisfied with Huntsman's explanation for the contamination, did not find the production sheet to be reliable, and was not impressed by Huntsman's expert witness. The Judge concluded that it was more likely than not that the contamination originated from Huntsman's manufacturing process, and therefore Huntsman was liable. The court held that the reasons provided by the primary Judge were comprehensive and adequately explained the evidence and the rationale behind the conclusion that Huntsman was responsible for the contamination. Huntsman's appeal was therefore dismissed, and they were ordered to pay the respondents' costs.