FARMERS have lost a bid for compensation in a long running court case over the alleged contamination of sorghum with seed from the noxious weed shattercane.
The class action - Mallonland and ME and JL Nitschke v Advanta Seeds - related to Advanta's MR43 sorghum seed planted in Queensland and Northern NSW between 2010 and 2014.
Shattercane is an invasive weed that can be extremely difficult to eradicate once it becomes established.
Queensland's Supreme Court today ruled in favour of Advanta Seeds.
However, Creevey Russell Lawyers' principal Dan Creevey said farmers would appeal the decision.
"The impact of this decision is far reaching," Mr Creevey said.
"We are going to appeal and potentially will end up in High Court.
"If this remains the state of the law, one must ask, what rights do the farmers have."
Advanta Seeds managing director Barry Croker said his company was pleased with the decision, in a statement to Queensland Country Life.
"Our team has continued to work closely with growers in the interests of improved crop productivity and farm management," Mr Croker said.
"Advanta Seeds began in Central Queensland almost 60 years ago and we're extremely proud of the contribution we've made to crop farming across Australia.
"We invest heavily in research and development and continue to pioneer industry-leading practices and new seed products.
"Perhaps our greatest achievement though is the partnerships we've established with our growers.
"Even while this case was proceeding, we continued to create new products in response to grower needs and to provide support to growers to improve their on-farm practices and improve yields.
"From here, we intend to continue to invest in research, technology and new products and support those hardworking farming businesses who are the backbone of Australia's agricultural sector."
Mr Croker said no further comment would made on the case at this time.
The class action was lodged by growers in 2017, and was heard in the Supreme Court in March 2020 by Justice David Jackson.
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