A contentious battle over noise and odor pollution from a factory in Victoria's north has taken an unexpected turn, with a class action settlement falling through and the dispute now headed back to court. This ongoing saga, which has pitted residents against a manufacturing giant, is about to enter a new chapter.
The dispute centers around GrainCorp, a major player in the canola processing industry, and its operations in the small town of Numurkah. Mr. Kevin Carling Green, a 63-year-old resident living just a stone's throw away from the factory, has led the charge against GrainCorp, alleging that the noise and odor emissions have severely impacted his and his family's quality of life.
But here's where it gets controversial... Despite initial hopes for a resolution, the Supreme Court of Victoria heard that the parties had failed to finalize an agreement, leaving the long-running dispute unresolved. The terms of the proposed settlement remain shrouded in mystery, adding to the intrigue.
This week, GrainCorp confirmed to the ABC that no consensus had been reached, with a spokesperson stating, "The company continues to defend the proceedings, and we remain focused on achieving a resolution through the legal process." Mr. Green's lawyer, Dominica Tannock, also confirmed the lack of a settlement.
What began as a personal battle between Mr. Green and GrainCorp has now evolved into a class action, with other residents within a 1-kilometer radius of the factory joining forces. They, too, claim to have suffered due to the company's operations.
The class action, conducted on an opt-out basis, has seen only a handful of residents choose to distance themselves from the process, with Ms. Tannock revealing in June that just three people had opted out.
In legal documents filed with the Supreme Court, the dispute alleges that the noise and odor from the factory are "intrusive" to neighboring properties. The class action further claims that noises like rumbles, beeps, hissing steam, and the movement of trucks are disrupting residents' sleep, especially during early mornings, evenings, and nights.
Mr. Green's claims against GrainCorp are quite specific. He alleges that the noise and odor from the factory have affected his concentration at work, leading to daytime fatigue. His doctor reportedly declared him unfit for normal employment duties for a period of about four weeks between April and May 2018, and he was subsequently dismissed from his job as a heavy machinery operator with a local employer unrelated to GrainCorp.
As the dispute heads back to court in December, the question remains: Will justice be served, and will the residents find the resolution they seek? The outcome of this case could set a precedent for similar disputes nationwide. What do you think? Should companies like GrainCorp be held more accountable for their environmental impact on local communities?
