Hardy Irrigation Pty Ltd v Leeton Aerial Ag Pty Ltd

Hardy Irrigation Pty Ltd brought an action against Leeton Aerial Ag Pty Ltd and another defendant in the Federal Circuit and Family Court of Australia. The plaintiff claimed that the defendants' crop dusting operation resulted in damage to its cotton crops. This was allegedly due to the defendants using a herbicide contaminated with 2,4-D, which is toxic to young cotton. The plaintiff sought damages for economic loss, breach of contract, and negligence, as well as invoking the strict liability provisions under the Damage By Aircraft Act. The defendants denied liability under the Act, breach of contract, and negligence, and argued that the plaintiff's damages were overstated. The court needed to decide whether the defendants were liable under the Damage By Aircraft Act, whether there was a breach of contract or negligence, and what the proper measure of damages was. The court found that the defendants were liable under the Act, as the strict liability provision applied to the damage caused by the crop dusting operation. The court also found that there was a breach of contract, based on the inference that the defendants used an incorrect herbicide. However, the court found that the defendants were not negligent as there was no breach of the duty of care. Finally, the court assessed the appropriate measure of damages for the economic loss caused by the damage to the cotton crops. The court awarded damages to the plaintiff, finding that the defendants were liable under the Damage By Aircraft Act and for breach of contract. The court awarded the plaintiff $673,518.14, inclusive of interest up to 26 September 2025, and ordered the defendants to pay the plaintiff's costs of the proceedings.