Show simple item record

dc.contributor.authorBunn, Anna
dc.contributor.authorDouglas, Michael
dc.identifier.citationBunn, A. and Douglas, M. 2014. Breaking new ground?: Nuisance, negligence and pure economic loss in Marsh v Baxter. Torts Law Journal. 22: pp. 160-182.

In Marsh v Baxter the WA Supreme Court resolved a dispute between organic farmers, the Marshes, and their genetically-modified-crop-growing neighbour, Mr Baxter. Causes of action in negligence and nuisance each failed. The court denied that Baxter owed the Marshes a duty to prevent swathes of GM material entering their property, and denied that Baxter unreasonably interfered with the use of their property. In terms of principle, the case is notable for a narrow view of recoverability of pure economic loss and for application of principles of nuisance to the battleground of GM farmers and their anti-GM neighbours. The judgment could be seen as a step towards resolving the tension between those who adopt GM technology and those who eschew it, but not an entirely satisfying one.

dc.publisherLexisNexis Butterworths
dc.titleBreaking new ground?: Nuisance, negligence and pure economic loss in Marsh v Baxter
dc.typeJournal Article
dcterms.source.titleTorts Law Journal
curtin.departmentSchool of Business Law
curtin.accessStatusFulltext not available

Files in this item


This item appears in the following Collection(s)

Show simple item record