Siegwerk Australia Pty Ltd (in liq) v Nuplex Industries (Australia) Pty Ltd

Siegwerk Australia Pty Ltd (in liquidation) sought to appeal against a decision of the Federal Court of Australia which had dismissed its claim against Nuplex Industries (Australia) Pty Ltd. The primary dispute was regarding whether Nuplex was liable for property damage caused by the use of a particular product, Epikote 1009, and whether this damage was covered by an insurance policy held by Nuplex. The Federal Court was required to determine several legal issues, including whether the trial judge's reasons adequately addressed the evidence presented, whether the trial judge had erred in his treatment of expert evidence, and whether certain issues had been properly pleaded and tried.

The court found that the trial judge's reasons did not sufficiently address the evidence, particularly the second test arranged by Dr. Scheirs and the debate over the Kojima papers. The court concluded that these omissions were material and that a retrial was necessary. The court did not find merit in the other grounds of appeal, including those related to the trial judge's critical reasoning and his assessment of the expert evidence. The court held that the trial judge's conclusions were not against the weight of the evidence, but rather that he had failed to adequately deal with the evidence.

The court ordered that the parties were to submit written submissions on the scope of the retrial and the associated costs within 14 days. Additionally, the court ordered that the parties were to prepare minutes of order to give effect to the conclusion that QBE's appeal against the declaration and orders on Nuplex's cross-claim should be allowed, and to address the issue of costs within the same timeframe.