More than 100 farmers hope their legal appeal against a seed firm will finally get them compo

Devastated farmers have not given up the fight against the seed company they claim caused more than $100m in damage to their crops.

The nightmare engulfed Andrew Jenner’s farm on the Darling Downs nearly a decade ago.

An invasive weed called shattercane shot up among his sorghum crop and proved incredibly difficult to remove.

In an act that beggars belief, Jenner had to pull out every plant in a 320ha block by hand and he had no one else to assist him. It took seven long weeks of non-stop hauling 40 kilo bags to his ute before it was done.

He wasn’t alone.

Eventually, Jenner and about 100 other sorghum farmers spread across Queensland and NSW launched a class-action lawsuit in 2017 against the company they alleged bore responsibility for the calamity.

Andrew Jenner

They claimed that bags of sorghum seed produced and sold by Toowoomba-based Advanta Seeds between 2010 and 2014 contained the noxious shattercane.

About 28,000ha was impacted by the infestation, causing estimated losses of around $105 million.

Advanta insisted it had done nothing wrong and defended the matter, which finally played out in the Brisbane Supreme Court in March.

The company emerged triumphant in April but the farmers’ legal team immediately lodged an appeal, which is expected to be heard within the next six months, and they have vowed to take the matter to the High Court if necessary.

In his decision, Justice David Jackson accepted facts about the cause of the contamination and the huge economic hit suffered by the growers.

Yet, notwithstanding the allegations of negligence, he sided with Advanta after concluding it did not owe a “duty of care’’ to customers.

The company maintained that a “terms of sale’’ notice on the bags gave it a legal shield against assuming responsibility.

But lawyer Dan Creevey, acting for the farmers, said the disputed “duty of care’’ argument forms a key plank in the appeal.

“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,’’ Creevey said.

“None of the farmers who gave evidence at the trial recalled seeing the disclaimer on the bag.”

Dan Creevey

Advanta boss Barry Croker said his firm will defend the appeal but he declined to comment further.

Meanwhile, Jenner, who was the lead plaintiff, told City Beat this week that he was “devastated’’ to lose the first round.

He suffered about $185,000 in losses and, largely because of the shattercane disaster, later sold his properties before relocating to Crows Nest.

Jenner now runs a B&B with his wife and they’ve just bought a local antique shop.

But he wishes he was back on the land. “I cannot describe how much I miss it. I’d go back in a flash,’’ he said.

One of Jenner’s prime motivations to call Advanta to account came when one of the company top guns allegedly told him that little farmers don’t take on the big guys.

Now, asked about the “duty of care’’ setback, he’s utterly contemptuous and thinks it would never pass the pub test.

“I thought it was a load of crap,’’ he said.

“There’s always a technicality that’s going to bite you on the arse.’’