Horse flu class action – applicants sidestep limitations point

Introduction

The applicants in the long running equine influenza (horse flu) class action have had a procedural victory, obtaining leave to amend their claim despite a statute of limitations argument against it.

The Federal Court representative proceedings are brought on behalf of 587 group members, predominantly members of the horse racing industry, against the Commonwealth. The action arises from the horse flu epidemic which brought the Australian horse racing industry to a standstill in 2007. The applicants allege that the outbreak was caused by the Commonwealth government's negligent management of the Eastern Creek Quarantine Station in Sydney, in particular the government's failure to ensure that a visitor to the centre who had been in contact with an infected horse was appropriately disinfected before leaving the station.