GrainCorp Class Action Settlement Collapses, Legal Battle Set to Resume
A long-standing conflict over alleged noise and odour pollution from a GrainCorp factory in northern Victoria has hit another roadblock, with efforts to settle the matter failing and the dispute now headed back to court.
The controversy centers around GrainCorp, a major manufacturer that processes canola in the small town of Numurkah. Lead applicant Kevin Carling Green, 63, who lives just 100 metres from the factory, claims that persistent noise and odours from the facility have severely disrupted his family's daily life.
Originally, the case between Mr Green and GrainCorp was scheduled for trial in October. Surprisingly, the first day of proceedings concluded within minutes when the Supreme Court of Victoria was informed that the parties had initially reached an in-principle settlement, which was expected to be finalized by the end of the year. However, the specific details of that proposed agreement were never publicly disclosed.
This week, GrainCorp confirmed to the ABC that no final settlement had been achieved. "The company continues to defend the proceedings, and we remain focused on achieving a resolution through the legal process," a spokesperson said.
Mr Green's lawyer, Dominica Tannock, echoed this statement, confirming that a settlement had not been reached.
What began as a civil dispute between Mr Green and the company has now expanded into a class action, including other residents living within one kilometre of the factory who also claim to have suffered from the company's operations. The class action is proceeding on an opt-out basis, and as of June, only three people had chosen to exclude themselves from the process, according to Ms Tannock.
Court documents allege that the factory's noise and odour are highly intrusive to neighboring homes. The complaints cite disturbances caused by rumbles, beeping, hissing steam, and trucks moving in and out of the facility, with many residents reporting that these disruptions are particularly noticeable during early mornings, evenings, and nighttime.
Mr Green asserts that these disturbances have affected his ability to work effectively as a heavy machinery operator for a local employer unrelated to GrainCorp. According to documents, he told his doctor that daytime fatigue caused by the factory's emissions was impacting his concentration. The doctor reportedly deemed him unfit for normal work duties for roughly four weeks between April and May 2018, and he was eventually dismissed from his job due to his condition.
And this is the part most people miss: the implications of this case could extend beyond Mr Green's personal experience, potentially influencing how industrial operations near residential areas are managed in the future.
The legal battle is set to resume in December, and questions linger: Could GrainCorp be held accountable for disrupting daily life? Will the class action lead to significant changes in local industry regulations? The debate is far from over, and public opinion is likely to be divided. What do you think—should companies like GrainCorp be allowed to operate this close to homes, or is it time for stricter oversight?
