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https://www.theguardian.com/australia-news/2024/dec/06/queensland-supreme-court-adani-coalmine-case-ben-pennings-ntwnfb>
"The Queensland supreme court has struck out substantial parts of Indian mining
giant Adani’s case against environmental activist Ben Pennings, describing some
of the company’s claims as “confused and embarrassing”.
Speaking outside the court on Friday, Pennings said he was “extraordinarily
relieved” by the judgement, but that the case remains afoot. Adani has until
February to potentially re-plead the sections of its claim that were disallowed
by Justice Susan Brown.
In a lengthy published judgement, Brown struck out Adani’s allegations that
“demands and threats” by Pennings had ultimately caused two companies –
Greyhound and Downer – to withdraw from contracts to provide services to the
Carmichael mine.
Brown found that Adani’s pleadings in relation to Greyhound were “embarrassing”
because they did not demonstrate a “causal nexus” between alleged demands and
threats by Pennings, and a decision by the bus company to withdraw from
negotiations.
In relation to Downer, Brown found that Adani’s pleading was “inconsistent with
the evidence that has been placed before the court”, that there were “a number
of concerning aspects” about the claim, and that it had considerable
weaknesses.
Friday’s judgement followed a hearing in January where lawyers for Pennings
argued that Adani’s actions amounted to an “abuse of process”. Adani had argued
there was “sufficient factual foundation” to support its pleadings.
Brown did not find that the case amounted to an abuse of process, and as a
consequence she will allow Adani to file a new statement of claim in February."
Cheers,
*** Xanni ***
--
mailto:xanni@xanadu.net Andrew Pam
http://xanadu.com.au/ Chief Scientist, Xanadu
https://glasswings.com.au/ Partner, Glass Wings
https://sericyb.com.au/ Manager, Serious Cybernetics
