Top Coles supplier challenges farm sale

A key supplier of stone fruits to Coles, the Tripodi family, have launched legal action.

The Tripodi family are contesting the forced sale of their Swan Hill stone fruit and table grape farm

THE former owners of one Australia’s largest orchard properties and a key supplier of stone fruits to Coles, the Tripodi family, have launched legal action against the forced sale of the Murrawee Farms through a receivership process last year.

The farm, in the Victorian agricultural hub of Swan Hill, has since been purchased by the wholesale company used by the family to distribute its fruits through Coles, Freshmax Farms, which trades as Holman Fresh.

Gaye Tripodi — who is on the Victorian government’s food council and recently travelled to China with Victorian Premier Denis Napthine on a trade mission — and her husband Tony are suing National Australia Bank, Freshmax Farms and receivers Sellers Muldoon & Benton, seeking orders for the sale of the property be declared null and void, and costs.

NAB, Freshmax Farms and Sellers Muldoon & Benton plan to defend the action.

According to the Tripodis’ claim filed to the Federal Court yesterday, the family lodged a complaint with the Financial Services Ombudsman, challenging NAB’s decision to call in the loan.

The Tripodis allege their properties were sold to Freshmax Farm ahead of a ruling by the Ombudsman regarding receivership of Murrawee Farms and related entities.

As such, the Tripodis have also joined the Financial Services Ombudsman to their claim.

The Tripodis allege they also made an offer to buy the farm, which they believe was higher than Freshmax Farms’ offer but was allegedly rejected by the ­receivers.

Mrs Tripodi told The Australian that last week the family was given an hour to leave the stone fruit, grape and oats farm they had operated since 1992.

“We feel as though we have been bullied by the bank,” said Mrs Tripodi, who has also headed the Victorian Farmers Federation’s Horticulture Group.

“There’s been a lot of work by the federal and state governments to open up access to markets in the past 12 months … we have the banks trying to screw us all, and tick us off the list one by one.

“We’re taking one step forward and the banks are making us take two steps backwards.”

To further their claim, the Tripodis have secured the help of anti-bank activist Geoff Shannon of Unhappy Banking.

A spokeswoman for NAB said: “We have worked with the customers involved for a number of years to resolve this matter.

“We are committed to supporting good quality and sustainable agribusinesses and assess all lending on a case-by-case basis.”

Sellers Muldoon & Benton receiver Ken Sellers said the claim was without foundation.

They said the Tripodis were given “ample” time to leave the farm and still occupied a property adjacent to the farm, which he said was subject to the receivership.

“The offer that was accepted for the assets in question was the best offer. The Tripodi offer was not the best offer,” Mr Sellers said.

Freshmax Farms executive Alan Engeman said he was not aware of the lawsuit but stood by the purchase.