Agrison to pay Scotsburn fire victims $10m
Beleaguered Chinese machinery importer Agrison will pay fire victims $10 million after one of its tractors caused a devastating fire in 2015 that destroyed more than 80 properties. Find out where here.
Beleaguered Chinese machinery importer Agrison has been forced to pay fire victims $10 million after one of its tractors caused a devastating fire in 2015 that destroyed more than 80 properties.
After last week revealing many complaints about Agrison from irate customers, The Weekly Times has uncovered more disturbing details of poor quality and unsafe machinery sold by the company, including the alleged “faulty or unsafe” tractor and slasher that caused the fire at Scotsburn, near Ballarat, which burnt 4000ha and destroyed a dozen homes.
The revelation has come after the Australian Competition and Consumer Commission last month instituted Federal Court proceedings against Agrison alleging it made false or misleading representations about the warranties and after-sales services available to its customers.
The Campbellfield-based machinery dealer was named as one of four defendants in a class action, undertaken by Maddens Lawyers, after an operator driving an Agrison-branded tractor and slasher caused the fire.
The company was sued in the Supreme Court, which was finally settled in August with Agrison, trading as EL Mining Solutions Pty Ltd, agreeing to pay $10 million to the plaintiff.
The lead plaintiff Michael Schmid, who represented all affected property owners, alleged a faulty Agrison slasher was used on the day, which started a fire that quickly spread and destroyed properties.
It was alleged the “design or configuration of the tractor and/or slasher permitted the PTO drive shaft spinning at high speed to make contact with the slasher causing sparks, or Agrison supplied the tractor or slasher with a safety defect”.
An out-of-court settlement of $10.5 million was reached in the class action, with Agrison contributing $10 million. As part of the terms of settlement there has been no admission of liability or concession of any fault by Agrison.
Maddens is now preparing a class action on behalf of customers against Agrison for possible breaches of the Australian Consumer Law over products not as described, inferior or substandard components, a lack of replacement parts and non-existent after-sales service.
Maddens principal Kathryn Emeny said the firm had been contacted by many people that had purchased Agrison-branded equipment.
“The people we’ve spoken to are reporting quite brazen conduct by Agrison,” Ms Emeny said. “People have paid tens of thousands of dollars for Agrison equipment, which is now unable to be operated and sitting idle on their farming properties.”
There is no suggestion Agrison managers Nick Yokus and Ray Yayintis were aware of, or responsible for, any alleged misconduct engaged in by the company.
Mr Yokus or Mr Yayintis are also linked to another Chinese tractor importer that offers almost identical tractors, but branded as Evolution.
Mr Yayintis is listed as a director of Evolution Heavy Machinery, which provides “factory direct prices” on tractors that “are the best value coming out of China today”.
While there is no official link between Agrison and Evolution Heavy Machinery, phone calls to Evolution did direct queries to Mr Yayintis and Mr Yokus.
Mr Yayintis would not comment when asked about the settlement or his involvement with Evolution.
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