Horse feed supplier Connolly’s Red Mills is suing a grain supplier over allegedly supplying an ingredient allegedly contaminated with elements of morphine.

Torc Grain and Feed Ltd, a Dublin-based importer of bulk cereals and materials used in the manufacture of animal feed, is being sued by William Connolly and Sons, trading as Connolly’s Red Mills, Gorsebridge, Co Kilkenny.

Connolly’s, which produces, supplies and distributes food stuffs for the horse industry, claims some 29,000 tonnes of ground nut provided to them by Torc in 2002 contained significant quantities of morphine.

Connolly’s used the nut for the production of horse feed, which it then sold to the industry.

It claims a number of racehorses tested positive for the banned morphine substance during November and December 2002 leading to horses being disqualified and prize money lost.

The product was later recalled. Connolly’s is claiming breach of contract and severe loss against Torc.

Claims denied

Torc denies the claims and denies it was the importer, supplier and distributor of the ground nut. It denies it knew or was informed the nut was ever intended for use by racehorses and also denies it contained a banned substance as alleged.

The action was due to be heard last week but Torc sought to amend its defence so as to include a clause in the original contract for the purchase of the nut stating: “the seller accepts no liability whatsoever for indirect or consequential loss, injury, damage or expense of any kind howsoever caused arising out of or contracted with the subject matter of the sales contract”.

Connolly’s opposed the amendment saying Torc was trying to obliterate with one paragraph a massive portion of its claim for damages.

Mr Justice Robert Eagar ruled he would permit the amendment to be made in advance of the trial.

He also ruled Torc should pay Connolly’s legal costs up to this point in the case.