FARMERS have lodged an appeal over last month's Queensland Supreme Court decision in the long running shattercane class action.
The case involves the alleged contamination of sorghum produced by Advanta Seeds with seed from the weed shattercane.
The Supreme Court ruled on April 9 in favour of Advanta Seeds in the class action launched by growers in 2017 over Advanta's MR43 sorghum seed planted in Queensland and Northern NSW between 2010 and 2014.
Dan Creevey from agribusiness legal firm Creevey Russell Lawyers said the appeal had merit.
"While disappointed for the farmers with the ultimate finding of the court in the primary case, in terms of an appeal we were pleased the judge did in fact find in the farmers' favour in a number of key respects," Mr Creevey said.
"This includes with respect to the cause of the contamination, the fact the farmers who gave evidence had suffered considerable economic loss as a result of the contamination, and that the farmers were not out of time to bring their claims."
Mr Creevey said one of the key points for the appeal would be whether the duty of care owed by Advanta to the farmers was negated by a disclaimer on the bags of Advanta seed.
"Despite the judge's findings, it is our position that the bags of seed did not in fact have a clearly marked disclaimer and that even if they did, that disclaimer should not operate to allow Advanta to avoid all responsibility for the contamination," Mr Creevey said.
"None of the farmers who gave evidence at the trial recalled seeing the disclaimer on the bag."
Mr Creevey said Justice David Jackson was also critical of some of Advanta's evidence.
"The managing director was unwilling to state a likely cause for the contamination despite historical company documents and expert evidence giving a clear indication that it was due to a failure by Advanta to exercise a reasonable standard of care in roguing the seed production crop in early 2010," Mr Creevey said.
"There is no doubt that these farmers have incurred significant losses as a result of the contamination, which have impacted them for many years following the initial planting of the seed in the 2010-11 season.
"We remain optimistic as to our chances of successfully appealing the case and finally obtaining some deserved compensation for these farmers."
The class action is being backed by litigation funder Balance Legal Capital.
Advanta Seeds managing director Barry Croker said Advanta acknowledged the plaintiffs decision to appeal the decision.
"We will be defending the appeal," Mr Croker said.
"Given the matter remains before the court, it is not appropriate that we make any further comment about the appeal.
"However, as we have done throughout this process, Advanta Seeds will continue to focus our efforts on our growers and provide them with the best products, technical knowledge, and support that we possibly can during busy growing seasons."
Want daily news highlights delivered to your inbox? Sign up to the Queensland Country Life newsletter below.
