A farming family from the Murrumbidgee region has been awarded over $673,000 in damages after a court found two crop-dusting companies responsible for contaminating their cotton crop with the herbicide 2,4-D.

The ruling, handed down by NSW District Court Judge Robert Newlinds in Albury, brings an end to a legal battle initiated by the Hardy family of Hardy Irrigation, who farm between Coleambally and Jerilderie.

The Hardys brought claims against related entities, Leeton Aerial Ag Pty Ltd and JN Aviation Pty Ltd, both directed by Jason Neutze.

The Contamination Mystery

The case centred on the Hardys' 2022-23 cotton crop, which suffered major yield losses following a November 2022 aerial spray.

The crop was meant to be sprayed with Weedmaster (glyphosate). However, the cotton later exhibited damage consistent with 2,4-D contamination.

Evidence presented included the unusual sight of a yellow liquid, consistent with 2,4-D, in the chemical shuttles—a colour inconsistent with the blue dye of the Weedmaster product.

Court Finds for the Farmers

Despite accepting the defendants' claims that their staff were well-trained and that it was "extremely difficult to understand" how the contamination could have occurred, Judge Newlinds ultimately ruled in favour of the Hardy family.

Judge Newlinds concluded that the crop damage was "uniform," "consistent with 2,4-D damage," and "co-extensive with the areas sprayed by the Defendants."

"I am satisfied on the balance of probabilities that the defendants, for reasons unknown, somehow mistakenly loaded Weedmaster contaminated with 2,4-D on to its plane, which was subsequently sprayed on the plaintiff’s fields, causing it loss and damage," he wrote in his judgement.

Calculating the Loss

In calculating the substantial damages, the court relied on expert evidence provided by the Hardys.

This evidence highlighted the significant difference in yield between the damaged fields, which produced 4.95 bales per hectare, and an unaffected control field that yielded 8 bales per hectare (b/ha).

The final damages figure of just over $673,000 includes over $568,000 for lost yield and an additional $105,000 in interest.