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 High Court has granted special leave to farmers in a class action against Advanta Seeds over allegedly contaminated product to challenge a court’s finding that a disclaimer nullified the company’s duty to protect growers against 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.