Abstract

A ground-breaking judgment of the Australian Federal Court regarding the Montara oil spill in the Timor Sea in 2009, Sanda v PTTEP Australasia (Ashmore Cartier) Pty Ltd (No 7) (Sanda (No 7)),1 is one of the few Australian class actions to proceed to a favourable judgment for the claimants. It is also the first judgment against an Australian company for cross-border pollution loss suffered by foreign claimants.

Highlights

  • A ground-breaking judgment of the Australian Federal Court regarding the Montara oil spill in the Timor Sea in 2009, Sanda v PTTEP Australasia (Ashmore Cartier) Pty Ltd (No 7) (Sanda (No 7)),[1] is one of the few Australian class actions to proceed to a favourable judgment for the claimants

  • It is the first judgment against an Australian company for cross-border pollution loss suffered by foreign claimants

  • The Federal Court upheld the claim of an Indonesian seaweed farmer, Daniel Sanda, on his own behalf and on behalf of a class of 15,500 Indonesian seaweed farmers, after oil and gas company PTTEP Australasia (Ashmore Cartier) Pty Ltd’s (PTTEPAA) negligent operation of the Montara well led to the worst oil spill in Australia’s offshore petroleum industry history, and the spread of oil into coastal waters in neighbouring Indonesia

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Summary

INTRODUCTION

A ground-breaking judgment of the Australian Federal Court regarding the Montara oil spill in the Timor Sea in 2009, Sanda v PTTEP Australasia (Ashmore Cartier) Pty Ltd (No 7) (Sanda (No 7)),[1] is one of the few Australian class actions to proceed to a favourable judgment for the claimants. It is the first judgment against an Australian company for cross-border pollution loss suffered by foreign claimants.

CASE ANALYSIS
Substantive Aspects
What Next?
IMPLICATIONS OF THE DECISION

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