Kiwifruit growers are considering a counter appeal after the Government yesterday filed action against a High Court decision on the Kiwifruit vine disease Psa.

The High Court found the predecessor to the Ministry for Primary Industries, MAF, can be held liable for the disease getting into the country.

It devastated the industry, costing it hundreds of millions of dollars.

The Crown is seeking clarification on the scope for government regulators to be sued in negligence.

Seeka Kiwifruit Industries CEO Michael Franks says they have 10 days to counter appeal.

"Really the base of the counter appeal is Zika, as a post harvest operator, was excluded from being awarded damages. I would expect in the next 24 hours we would know what we are doing."

Franks says growers will be worried about the precedent if they don't appeal, and we will see whether or not we will counter appeal and whether or not there is any process or ability for us to have a negotiated settlement to resolve the matter."