GrainCorp, which operates a crushing plant which produces oil from processing canola seed, is defending the action.
Lead plaintiff in the class action is Kevin Green who lives in Railway Place, nearby.
The action alleges that the emissions have caused a nuisance to Mr Green and others, and that the defendant has breached a duty owed to them under the Environmental Protection Act to minimise the risks of harm to human health or the environment from pollution.
The plaintiff and group members claim damages for loss of amenity for disturbance to their sleep, comfort, health and wellbeing, and diminution in the value of their land as a result of the emissions, and seek an injunction to restrain the defendant from continuing the nuisance.
Mr Carling attended the opening of the trial in Shepparton, before Mr Justice O’Meara in the Supreme Court.
Appearing for the plaintiffs was Mr Daryl Williams, AM KC, who outlined incidents of noise and odours which he said came from the processing plant.
He will produce documents from the EPA showing abatement orders and also internal GrainCorp emails and letters referring to odour and noise.
Mr Williams said in situations where the company had made upgrades to the plant the company had played “catch-up” instead of planning in advance, resulting in unreasonable impact on neighbours.
The court witnessed several video clips which Mr Williams said were recorded by Mr Green inside his house and in the street, showing emissions from the factory.
Mr Green is expected to give evidence of his claim.
In the opening for the respondents, Ms Kathleen Foley, SC, said the Numurkah GrainCorp factory was an established business that processed canola from farmers around Australia and the business was an important part of the Australian agricultural industry.
Manufacturing had been occurring on the site since at least the 1930s.
Ms Foley said GrainCorp had gone to significant efforts to minimise noise and odour from the site and took a pro-active approach to ameliorate impacts.
