A class action has lost its appeal to the High Court in a case alleging Advanta Seeds owed damages to farmers for the economic loss resulting from its negligence in producing contaminated grain sorghum seed, with the justices clarifying that a duty of care may be established only if responsibility is assumed.
The High Court is scheduled to hand down a judgment in a class action on Wednesday on the power of a product disclaimer to protect manufacturers from claims they owe a duty of care to protect purchasers from pure economic loss.
The farmers leading a class action against Advanta Seeds over contaminated product have brought their case to the High Court, challenging an appeals court’s holding that a disclaimer nullified the company’s duty to protect growers against economic loss.
Advanta Seeds has won an appeal upholding the dismissal of a class action by sorghum farmers over allegedly contaminated seeds, with a court finding that the seed producerās duty of care was negated by clear disclaimers.
Plaintiffs in a class action against Advanta Seeds rejected a $10 million offer to settle the litigation, which was later dismissed by a judge.
Advanta Seeds has defeated a class action brought over contaminated seeds, with a court finding the Australian seed supplier did not owe a duty of care to irate farmers who allegedly suffered loss and damage from the decreased value of their sorghum crops sowed in the 2010/2011 summer season.Ā
A court has approved a $2.9 million penalty against medical booking platform HealthEngine after the company admitted to deleting and altering unfavourable reviews and misusing consumer data.
Health booking company HealthEngine has urged the court to accept a $2.9 million penalty for deleting and altering unfavourable reviews, telling a judge that it did not know the behaviour was against the law.
A penalty hearing in the ACCC’s case against health booking company HealthEngine over misleading online reviews has been adjourned after a judge criticised the parties’ joint submissions as “deficient” for failing to explain how a proposed $2.9 million penalty had been arrived at.
Garmin has reached a settlement in a competition case brought by its former exclusive Australian distributor alleging the GPS technology giant misused its market power after the supplier refused to give up its five best customers.