Steve Marsh has lost his bid for damages against his neighbour over loss of organic certification after genetically modified canola drifted onto his farm in Western Australia.
The decision has implications for the production of genetically modified crops across Australia.
In the state’s Supreme Court today, Justice Kenneth Martin dismissed the claim for negligence, breach of duty of care and compensation for economic loss.
Marsh has a farm near Kojonup in the Great Southern district southeast of Perth called Eagle Rest.
He alleged GM canola blew from Sevenoaks, the farm of his neighbour, Michael Baxter, on to his land which caused him to lose his organic certification.
Baxter maintained he was exercising his right to grow a safe and legal crop.