Aussie farmers sue Kiwi firm

An Australian farming couple is suing Landcorp subsidiary Focus Genetics because they cannot access their sheep genetics data.

The High Court in Wellington recently conducted an urgent hearing over whether Damien and Kirsten Croser, fourth generation farmers from South Australia, could access some of the data for this season’s mating.

The urgent hearing is separate to an application to sue Focus Genetics. Originally the Crosers said they would sue for $1.9 million but their claim has been reduced to an undisclosed sum. The Crosers need the data to prepare a mating plan, which ensures their sheep are not inbred by mating with close relatives, and that the genetic value of the flock will be maintained. The case came about after a relationship between the Crosers and Focus Genetics soured in 2017, and a dispute over who owned the data. The Crosers run 3000 breeding ewes.

The two signed an agreement in 2013 under which the Crosers bred rams using Focus Genetics’ expertise and genetics, and the parties shared in the proceeds from the sale of the rams.

Among the allegations raised in the High Court were that an employee of Focus Genetics had lied to the Crosers about who it sold 21 of their best rams to last year. The Crosers said they had been told the rams were sold to a customer when in fact they were sold to two direct competitors.

Focus Genetics accepted the Crosers had been misinformed ‘‘but asserted that the need to call evidence explaining the apparent dishonesty would significantly lengthen the time required for a hearing’’.

Justice Peter Churchman said Focus ‘‘seems to accept that if the plaintiffs cannot get any genetic data about their sheep, they will suffer financial loss.

‘‘I am satisfied that data is critical in relation to the imminent sale of the plaintiffs’ sheep and the preparation of a mating plan prior to mating in February/ March 2020.’’

He criticised Focus for its ‘‘pedantic approach’’ to not supplying the data, giving it 24 hours to make it ‘‘publicly available’’.

Focus Genetics is a Napierbased company, which is 100 per cent owned by Landcorp.