This case is the first proceeding tried as a class action under Part 13A of the Civil Proceedings Act 2010 (Qld). The plaintiffs were crop farmers who had purchased and planted seed produced by the defendant seed company. The plaintiffs sought damages for negligence and misleading and deceptive conduct in connection with the seed.
Jackson J dismissed the plaintiffs’ claim, finding that no duty of care was owed, and that misleading and deceptive conduct had not been made out. His Honour went on to consider the damages that would have been awarded to the plaintiffs and sample group members had the claim succeeded, and concluded that an order for aggregate damages would not have been appropriate.
Nicholas Andreatidis QC (with D Campbell QC and B Hall) appeared for the plaintiffs, instructed by Creevey Russell Lawyers.
Mei Barnes (with P Dunning QC, G Beacham QC, E Goodwin, L Judd and M Brooks) appeared for the defendant, instructed by Clifford Gouldson Lawyers.
The judgment is published here.
Counsel have authored this concise case note on the case’s implications for manufacturers and producers.