A group proceeding brought on behalf of persons who owned or occupied land within one kilometre of the GrainCorp factory 46-50 McDonald Street Numurkah, Victoria at any time after January 2017, and allege they have suffered harm as a consequence of odours and/or noise emitted from the factory.
The plaintiff alleges that the emissions have caused a nuisance to him and group members, and that the defendant has breached a duty owed to them under s 25 of the Environmental Protection Act 1970 (Vic) to minimise the risks of harm to human health or the environment from pollution.
The plaintiff and group members claim damages for loss of amenity for disturbance to their sleep, comfort, health and wellbeing, and diminution in the value of their land as a result of the emissions, and seek an injunction to restrain the defendant from continuing the nuisance.
Class Action Summary Statement filed on 14 September 2023
Defence filed on 7 September 2023
Statement of Claim filed on 8 August 2023
Amended Writ filed on 13 July 2023