Benlate Class Action
The Benlate cases related to an agricultural product
manufactured by E. I. Du Pont de Nemours & Co ('Du Pont US')
sold under the trademark of 'Benlate'. The product was designed to
act as a fungicide on a wide variety of crops, but caused
widespread crop damage throughout the world.
The action
Maurice Blackburn commenced 6 cases in the New South Wales
Supreme Court against the Australian subsidiary, Du Pont
(Australia) Limited. The causes of action included negligence,
breach of contract and breach of statutory provisions. The crops
affected were orchids, carnations, capsicums, tomatoes and
lettuces, all grown in greenhouses.
United States proceedings
Similar cases against Du Pont US were successful in the USA
where Du Pont paid billions of dollars in compensation and damages
to US farmers. In these cases it was argued that the problem with
Benlate was that the main component, Benomyl, broke down to form a
substance toxic to plants, dibutlyurea. Furthermore, it was alleged
that Du Pont and its contractors allowed cross-contamination of
potent plant killers (herbicides) which were manufactured at the
same facilities as Benlate.
The Australian proceedings handled by Maurice Blackburn were
discontinued in March 2001 after a confidential settlement was
reached in all 6 cases.