Gunns loses first battle

Kerry Smith

Environmentalists and other activists are celebrating following the Victorian Supreme Court's initial rejection of woodchipping giant Gunns Ltd's lawsuit against forest protection campaigners in Tasmania.

Last December, Gunns sued 20 groups and individuals for engaging in a campaign that it claimed constituted a conspiracy to injure Gunns by unlawful means, illegally interfering with its trade and business, thus causing economic loss. Gunns is claiming a total of $6.4 million in damages from the 20 defendants.

In his July 18 ruling, Judge Bongiorno described Gunns' claims as "incomprehensible", "embarrassing" and "unintelligible".

"The court ruling has imbued us with a new optimism", said Greens Senator Bob Brown, who is one of those being sued. "We go back to Tasmania to increase our campaign to save wild, wonderful forests which are being destroyed by Gunns at the greatest rate in history ... If Gunns thought this case would make us back off they are very wrong indeed."

The Wilderness Society, which is also being sued, hailed the judgement as a partial victory. Spokesperson Virginia Young said: "This judgement will give forest defenders everywhere a real boost. The judge found that it would be 'unfair to the defendants to require them to plead to this statement of claim', describing the structure of the writ as 'at best ambiguous and at worst misleading' and commenting that 'vague allegations on very significant matters may conceal claims which are merely speculative'."

Gunns has been given until August 18 to resubmit a "radically rewritten" claim. Legal costs are being sought by the defendants.

From Green Left Weekly, July 27, 2005.

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From GLW issue 635