Marsh lost organic certification on 70 percent of his land in 2010 after swathes and seed from Baxter's farm blew onto his property, resulting in "great financial hardship and an uncertain future". His legal team said the case could set an important benchmark on farming.
"As far as we know, this is the first court case of its type anywhere in the world. It will test the legal rights of farmers to choose how and what they farm on their land," said lawyer Mark Walter.
"The case is about freedom of choice, for both farmers and for consumers. It is important that farmers retain their rights to farm GM-free food as this in turn will protect consumers' ability to purchase GM-free food."
Baxter's defence team argues that Marsh's farm, where oats and other grains are grown and sheep graze, cannot be directly affected by the GM canola because he does not grow canola himself....