Chemical Contamination Public Liability Claim – Pasture & Hay Loss
The Challenge:
Allegations that unauthorised spray activities had damaged pasture intended for hay production and grazing across multiple paddocks in regional Western Australia. The claimant sought more than $1.5 million, citing significant production losses across multiple properties, with limited records and disputed instructions.
The Challenge:
Allegations that unauthorised spray activities had damaged pasture intended for hay production and grazing across multiple paddocks in regional Western Australia. The claimant sought more than $1.5 million, citing significant production losses across multiple properties, with limited records and disputed instructions.
Our Approach:
We led a focused investigation combining agricultural expertise, independent agronomic assessment, satellite imagery, and evidence-based loss modelling. Multiple production scenarios were tested to separate alleged losses from what could be realistically proven, ensuring only defensible losses were pursued.
The Outcome:
Our expert understanding of the agricultural production systems, combined with seasonal and region-specific knowledge enabled us to critically assess whether the claimant could realistically achieve both hay production and grazing outcomes from the affected pasture, as alleged. Given the season, this was not a realistic proposition. As a result, exposure was reduced from $1.5 million to $500,000. Full and final settlement was achieved at approximately $350,000. The matter was resolved efficiently without litigation.
Our Approach:
We led a focused investigation combining agricultural expertise, independent agronomic assessment, satellite imagery, and evidence-based loss modelling. Multiple production scenarios were tested to separate alleged losses from what could be realistically proven, ensuring only defensible losses were pursued.
The Outcome:
Our expert understanding of the agricultural production systems, combined with seasonal and region-specific knowledge enabled us to critically assess whether the claimant could realistically achieve both hay production and grazing outcomes from the affected pasture, as alleged. Given the season, this was not a realistic proposition. As a result, exposure was reduced from $1.5 million to $500,000. Full and final settlement was achieved at approximately $350,000. The matter was resolved efficiently without litigation.
Bottom Line:
Expertise matters - it allowed us to convert an unsupported $1.5 million allegation into a defensible $350,000 settlement.
