A class action against GrainCorp Oilseeds Pty Ltd is alleging offensive odour and noise emissions have caused residents near its Numurkah factory to suffer loss or damage.
Kevin Carling Green is the lead plaintiff in the class action that has been before the Supreme Court since 2023.
There are at least seven people who have made claims against GrainCorp Oilseeds, according to a further amended statement of claim filed to the court on April 11 this year.
Mr Green alleges odour and noise emissions have caused a common law nuisance to him and group members, and that GrainCorp has breached a duty to minimise risks of harm to health, or to the environment from pollution.
Mr Green and group members are seeking compensation, claiming emissions have affected their sleep, comfort, health and wellbeing, and reduced the value of their land.
They are also seeking an injunction to stop the nuisance.
According to a summary statement filed to the court on September 14, 2023, the case is being run by Dominica Tannock from DST Legal and Michelle Sharpe on a “no-win, no-fee basis”.
A GrainCorp spokesperson said the company was “vigorously defending the proceedings”.
“GrainCorp’s Numurkah facility is a significant part of the local economy and plays an important role in the local community, and we take our regulatory and compliance obligations seriously,” the spokesperson said.
“As the matter is before the court, we will not be making further comment at this time.”
GrainCorp’s Numurkah factory at 46-50 McDonald St is about 450m from the town centre.
The factory is a part of Graincorp’s Oilseed crushing operations, which produce oilseed and manufactured oils for items such as cooking oil, spreads, prepared foods, poultry and livestock, cosmetics and lubricants, fuels and other industrial applications.
Group members in the class action include anyone who has owned or occupied land within 1km of Graincorp’s Numurkah factory after January 1, 2017, have suffered loss or damage due to offensive odours or noise, and the loss or damage was caused by GrainCorp’s oilseed manufacturing operation at the factory.
The class action will go to trial in the Supreme Court in October if a settlement hasn’t been reached before then.
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