The Queensland Supreme Court has dismissed significant parts of Adani’s case against environmental activist Ben Pennings, calling some of the company’s claims “confused and embarrassing.” The judgment marks a major development in a legal battle that began in 2020 and has persisted for over four years.
Court rulings and Pennings’ reaction
Justice Susan Brown, according to a report in The Guardian, struck out allegations that Pennings’ actions caused Greyhound and Downer to withdraw from contracts related to Adani’s Carmichael coal mine. Brown found no clear causal connection between Pennings’ conduct and the decisions of the companies, with one claim labeled “embarrassing” and another described as “inconsistent with the evidence.”
After the decision, Pennings expressed relief outside the court, the news report said. “I’m extraordinarily relieved that after four and a half years the judge has thrown out a number of allegations that we’ve always argued were spurious and anti-democratic,” Pennings was quoted as saying. ” “It’s lasted four and a half years. The dude ultimately taking it against me is worth $100bn. I haven’t got [that]. I’ve got very little.”
Despite the partial victory, Pennings acknowledged that the legal battle is not over, as Adani has until February to refile its claim.
Adani Mining’s statement on the rulings
Adani Mining responded to the decision, emphasizing that the injunction against Pennings remains in place. The company was quoted as saying in its statement: “We brought these civil proceedings against Mr. Pennings in 2020 to enforce our rights and allow employees and contractors of our Carmichael mine to carry out legal and legitimate business activities free from intimidation and harassment.”
Adani maintains that Pennings has largely been unsuccessful in prior stages of the legal battle and anticipates that the case will go to trial in 2025.
Background of the case
The legal battle began in 2020, when Adani accused Pennings, of attempting to disrupt operations at the Carmichael coal mine and intimidate suppliers. Adani previously hired private investigators to monitor Pennings and his family and had even sought to conduct an unannounced search of his home for confidential information related to the mine, although this claim was later dropped in 2023.
Despite the setback, Adani has succeeded in maintaining an injunction preventing Pennings from harassing its contractors or employees.
Next steps
While Justice Brown did not find that Adani’s actions amounted to an abuse of process, she allowed the company to file a new statement of claim by February. The legal fight remains ongoing as the two parties prepare for potential further legal proceedings.
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