AUS – MARSH V BAXTER APPEAL SET FOR MARCH
21 January 2015. Source: Stock Journal, http://www.stockjournal.com.au/news/agriculture/general/news/marsh-v-baxter-appeal-imminent/2721428.aspx?src=rss
Two appeal hearings in the Marsh v Baxter case have been scheduled from March 23 to 25 in the Court of Appeal for the Western Australian Supreme Court.
Kojonup organic farmer Steve Marsh and wife Sue have been embroiled in a long-running legal challenge against their neighbour Mike Baxter, for alleged financial damages caused from losing their organic certification four years ago.
About 70 per cent of Mr Marsh’s organic farm was decertified when Genetically Modified (GM) canola swathes were found in his organic wheat crop in late 2010.
The Marshes attempted to sue Mr Baxter for $85,000 compensation and to win a permanent injunction that would prevent him growing GM canola – but Justice Ken Martin comprehensively rejected the claims.
A two-week trial was held in February last year in the WA Supreme Court with a judgement handed down on May 28.
Justice Martin’s 150-page judgment awarded in Mr Baxter’s favour, rejecting assertions GM canola was unsafe while dismissing both the Marshes’ causes of action in common law negligence and private nuisance…
An appeal against the main judgement in the case has been scheduled for hearing on March 23 and 24.
It’s understood the plaintiff and defendant will be allocated one day each during the two-day program to submit their arguments before a three-judge panel.
The panel is likely to engage in robust interaction with barristers representing both sides, questioning details and merits, of their appeal submissions.
Another hearing set for March 25 will appeal against the cost orders made by Justice Martin in September last year which awarded costs totalling $804,000 in Mr Baxter’s favour…