Contact: Andrew Shute, Partner and Johanna Kennerley, Senior Associate; Carter Newell (Queensland, Australia)
Late last year, the Victorian Supreme Court in the matter of Winky Pop & Anor v Mobil & Anor [2015] VSC 348 was asked to consider the principles of assessment of damages to land, where land owned by a third party was contaminated from a leaking oil pipeline. The plaintiff, Winky Pop, sought opportunity loss damages in the vicinity of $170 million from the defendant, Mobil, for negligently contaminating its land. Mobil, which did not deny causing the contamination but was undertaking remediation, was only required to pay just over $100,000 for the costs of investigation.
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