Resolution of what started as a multi-million dollar dispute between Landcorp and South Australian sheep breeders Damien and Kirsten Croser stumbled with no final agreement over release of genetic data to the Crosers.
Lawyers have been busy, with six rounds duked out in the High Court over the last twelve months. The major issue: release of long run genetic data relevant to breeding stock purchased by the Grosers for their sheep stud at Penola, South Australia. The Crosers say detailed information is needed to prevent in-breeding. Landcorp says the Crosers are demanding more data than they are entitled to and that release of long run data will prejudice Landcorps own business operations in Australia.
March 2019 court proceedings kicked off with the Crosers suing Landcorp subsidiary Focus Genetics alleging breaches of contract and the Fair Trading Act; Landcorp counter-sued for unpaid invoices. Hawkes Bay based Focus provides breeding stock: sheep, cattle and deer.
The High Court was told the two sides got together in Adelaide during September 2019, attempting to resolve their differences out of court. No agreement was reached. Negotiations continued over succeeding weeks with an avalanche of emails between New Zealand and Australia. Crosers claim a binding agreement to settle all differences was reached and they sued to enforce this agreement. The Crosers said evidence of agreement was contained in a Landcorp email stating all parties had an ‘agreement, subject to documenting the various agreed terms.’ Justice Doogue ruled there was no final agreement. Not all terms were agreed, particularly the level of genetic data to be made available to the Crosers. At best, they had agreed on some of the major issues and assumed others would be worked through or refined and that a legal agreement would ultimately be finalised, she said.
Croser v. Focus Genetics Ltd Partnership (2548500) – High Court (28.02.20)
20.043