Irelands Angus case: $200,000 bull payout appealed

Prominent NSW stud Irelands Angus is appealing the judgement to pay more than $200,000 to Bongongo Angus.

Irelands Angus Kelleher K34 was sold in the stud's August 2015 sale.

IRELANDS Angus is appealing the judgment made in March to pay out more than $200,000 after a court found it misrepresented a bull’s sire.

The case was listed for directions in the Court of Appeal last week, with a date to be set.

In March a NSW court ruled Wagga Wagga stud Irelands Angus sold Irelands Kelleher K34, for $18,000 to Bongongo Angus in August 2015, only for it to be discovered the bull’s sire was not that noted in the sale catalogue.

Irelands Angus, which is owned and operated by Corey and Prue Ireland, was ordered to pay $200,191.88 to Bongongo.

In the March judgment, District Court Judge Margaret Sidis said Irelands Angus’ case relied on a disclaimer in the auction catalogue, which Mr Ireland said was provided by the Angus Society.

At the time, Angus Australia chief executive Peter Parnell said the decision could “set an important precedent” and breeders should also have “very diligent sampling protocols in place” to ensure accurate identification.

Angus Australia this week, said it would be “inappropriate” to comment until the appeal was completed.

However, it provided information on their current recommendations on parent verification for sale animals.

This states: “It is strongly recommended that all lots offered for sale are, at a minimum, DNA sire verified, and ideally, fully DNA parent verified prior to the sale.

“Whilst the recent court ruling has made it somewhat unclear as to how much legal protection is offered by written disclaimers when errors are subsequently identified in the information presented on sale lots, nevertheless, it is recommended that a written disclaimer should be clearly displayed in all sale catalogues.”

Bongongo’s William Graham confirmed Irelands had appealed, but could not comment further as it was in the “hands of the legal system”.

Mr Ireland did not return The Weekly Times’ call.