The Court assessed damages for trespass arising from illegal dumping of hazardous industrial waste on commercial premises, awarding approximately $7.36 million comprising lost rental profits, clean-up and reinstatement costs, and aggravated and exemplary damages. The Court held that the plaintiffs' claims for unliquidated damages in trespass against the second defendant were not provable in her bankruptcy under s 82(2) of the Bankruptcy Act 1966 (Cth), meaning the assessment could proceed without leave under s 58(3) and the damages could be enforced against her after discharge. The Court also confirmed that exemplary damages did not survive the second plaintiff's death under s 29(2)(a) of the Administration and Probate Act 1958 (Vic), but aggravated damages did.
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