Australian Assoicated Press

An organic farmer who failed in a bid to sue his neighbour after genetically modified canola blew on to his West Australian property has been denied leave to appeal by the high court.

Steve Marsh claimed he lost organic certification for 70% of his Kojonup farm after contamination from his neighbour’s herbicide-resistant crop in 2010.

Marsh had sought $85,000 in damages but lost the lawsuit against his childhood friend Michael Baxter in the WA supreme court in 2014 and was ordered to pay costs of about $804,000.

The court of appeal also ruled in favour of Baxter in a two-to-one vote in September.

Marsh sought special leave to appeal in the high court, but on Friday the case was dismissed.

The decision means Marsh has no more appeal options.

The director of Gene Ethics, Bob Phelps, who supported Marsh, said the case deserved a high court review and the group was disappointed by the rejection of the application.

Originally Published: The Guardian