Caernarvon Cherry Pty Ltd is a fruit packing operator located at 474 Canobolas Rd, Orange NSW 2800 and predominantly packs Cherries and Apples under the Biteriot brand for Woolworths, Harris Farm and numerous export supermarket chains.
DCP Litigation Holdings is the assignee of the claims of a number of fruit growers from around the Nashdale, Mudgee and Orange / Mt. Canobolas fruit-growing regions.
What is a class action?
A class action is a permitted court action involving 7 or more claimants with substantially similar claims against the same defendant or defendant/s.
What’s the class action about?
We will be arguing, amongst other things, that:
- Caernarvon breached the Horticultural Code of Conduct which is a mandatory code within the fruit packing and wholesale sector ;
- Caernarvon provided misleading and deceptive fruit packing statistics and materially underpaid our assignees – causing loss ;
- In addition, Caernarvon overcharged our assignees for packing services, fruit picking services, packaging, transport, fruit handling, storage and /or otherwise. In some cases, we have seen evidence where, Caernarvon charged our assignee grower up to almost 400 hours of labour in one summer season for the provision of a “person” / alleged staff member – this ‘person’ having no date of birth, no bank account, no tax file number, no superannuation membership, and no address … (the person actually is alleged to reside at the same address as Caernarvon, 474 Canobolas Rd – together with approximately 100 other alleged staff members) ;
- Moreover, Caernarvon at the time of the apparent overcharging of our grower assignee, also charged our grower assignee for the services of a “pay mistress”, Ms. Paula Neill formerly of Landseer St, Raglan. Around the same time, Ms. Neill pleaded guilty to stealing the sum of $44,864.56 from a local charity known BINC ;
- Caernarvon failed to conduct its fruit growing operations in a workmanlike manner.
And in the process, Caernarvon caused our assignee loss and/or damage.
To be clear, we do not accuse Ms. Paula Neil of any criminal offence, however we do say that Caernarvon itself, with some 900 persons on its payroll did engage in misleading and deceptive conduct causing loss to our assignee, and we believe it is highly likely that a number of other fruit growers from the Orange and nearby locality also suffered loss (we have spoken to many).
Moreover, we say that the assignee is entitled to query the veracity of various expenses, which they have, and about which questions still remain outstanding (Caernarvon refusing or neglecting to account or answer questions).
DCP Litigation Holdings are inviting expressions of interest from other growers and suppliers to Caernarvon Cherry, to discuss the claims with potential class action fruit growers and claimants, who have had a similar detrimental financial experience with Caernarvon. It will be our proposal to fund all litigation costs of all fruit growers accepted against Caernarvon and to share in any settlement payment or judgment of a relevant court.
How big does my claim have to be?
How fruit growers can get involved?
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