Marsh v Baxter

COURT OR TRIBUNAL

Supreme Court of Western Australia

DATE FILED (OR FIRST HEARING DATE)

23/03/2015

LITIGATION TYPE

Corporate Accountability

SUBJECT MATTER

Negligence and nuisance

REVIEW TYPE

Judicial review

SUMMARY

The appellants appealed from the dismissal of their claim for damages against the respondent arising from the escape of genetically modified (GM) canola from the respondent's farm onto the appellants' neighbouring certified organic farm. The case is not relevant to climate change save for the below comment at [204]: “The courts in this country are the last place in which there is any proper scope for scepticism, denialism or contrarianism in relation to evidence‑based expert scientific consensus on scientific matters, whether the issue be the cause and probable effect of climate change or the safety and environmental risks associated with genetic engineering in agriculture. There is no challenge in this case to the assessment of the Regulator under the GT Act, confirmed by the expert evidence at trial, that GM canola poses no risk to the health and safety of people (or other animals) and, subject to compliance with conditions, the environment.”

CASE DOCUMENTS

Marsh v Baxter [2015] WASCA 169