Coffee Growers Sued The State Government
Coffee growers suing the State Government for millions of dollars after their crops were allegedly ruined when sprayed with chemicals have had a major win in their continuing court action.
The case has brewed in the Supreme Court for years but a recent decision in the Court of Appeal could resolve it.
The state's coffee industry was rocked in 1996 when Department of Primary Industries and Fisheries officers sprayed plantations at Mareeba, in far north Queensland.
The plantations made up the bulk of Queensland's coffee production.
DPIF launched a spraying program after pawpaw fruit flies were found in a local crop.
But the growers claimed the fly was no real threat and crops could have been treated by other methods. They claim the spray ruined many of the crops.
It was alleged protein in the spray had fermented the flower, stopped the beans from fertilising and destroyed 25,000 trees.
Growers sued the State Government for negligence and demanded compensation.
The hearing has been delayed by appeals on legal points.
Three of the growers - Benjamin John and Norma Violet Colbran (trading as Tablelands Coffee), Hatmill Pty Ltd and Jaques Australian Coffee Pty Ltd, and Maria, Bruno and Luisa Maloberti (North Queensland Gold Coffee) - were listed as respondents to an appeal by the State Government.
The Government had appealed a decision of a Supreme Court judge to strike out part of its defence in the action.
The defence dealt with the Government's claim it was immune from paying compensation under the Plant Protection Act 1989.
But in an unanimous judgment the Court of Appeal dismissed the appeal.
Justice Anthe Philippides said the spraying was not specifically authorised by the provision of the legislation in question.
In agreeing the appeal should be dismissed, Justice Glen Williams said if the spraying was negilgent the crop owner would not be deprived of his rights to recover damages.
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