Sanda v PTTEP Australasia (Ashmore Cartier) Pty Ltd

COURT OR TRIBUNAL

Federal Court of Australia

DATE FILED (OR FIRST HEARING DATE)

03/08/2016

LITIGATION TYPE

Corporate Accountability, Corporate Accountability

SUBJECT MATTER

Environmental harm, Negligence / Nuisance

REVIEW TYPE

N/A

SUMMARY

REPRESENTATIVE PROCEEDINGS – common law negligence – oil spill from an oil well within the offshore area of the Territory of Ashmore and Cartier Islands – where the respondent was the holder of a petroleum production licence for an area covering the Montara oil field where the well was located – where the respondent had the responsibility to exercise control over the suspension and operation of the well – whether oil from the spill reached the coastal areas of the Regencies of Kupang and Rote in Indonesia – whether oil from the spill caused or materially contributed to the death and loss of seaweed crops in those areas – where the applicant and Group Members are seaweed farmers – whether the respondent owed the applicant and Group Members a duty of care – whether the respondent breached its duty of care – whether the applicant has established that he suffered loss and damage – assessment of the applicant’s damages

At a hearing on Friday 18 November 2022, the court was told that PTTEP had reached a settlement in the class action. On 23 February 2023, Lee J approved a $192.5 million settlement for the class action. Further judgments related to the lawyers' and litigation funder's share, and the disbursement of settlement funds.

CASE DOCUMENTS

Sanda v PTTEP Australasia (Ashmore Cartier) Pty Ltd (No 7) [2021] FCA 237
Sanda v PTTEP Australasia (Ashmore Cartier) Pty Ltd (Settlement Approval) [2023] FCA 143
Lay v PTTEP Australasia (Ashmore Cartier) Pty Ltd (Settlement Distribution) [2023] FCA 242