Justice Bernard Bongiorno has rejected Gunns’ third statement of claim in its entirety. The company has been given until 19 October to tell the court if it will try to introduce another statement of claim.
In the Victorian Supreme Court, Justice Bongiorno said that the statement of claim 'cannot be allowed to stand in its present form’. Its size and complexity places an unreasonable burden and enormous cost on individual defendants.
Defendants cautiously welcomed the decision, but pointed out the unfairness of the process. Nearly two years on, after huge expense and anxiety, the case is no further advanced and Gunns still has the option to make a fourth statement of claim.
Justice Bongiorno said the company referred to an overarching conspiracy against Gunns, but resorted to using "weasel words" like "campaigner", "coordinator" and "protest activities" that didn't specifically allege anything.
In his judgement he said that "it's fundamental to the proper conduct of civil litigation that defendants are entitled to know the case against them with precision".
Outside court, Greens Senator Bob Brown welcomed the decision. "This has been a huge burden on people who should never have been treated this way by Gunns, which meantime is continuing to not only destroy the ancient forests and wildlife which ought to be protected forever for this nation, but with a pulp mill in line, flag their intention to continue the enormous injustice of destroying Tasmania's, Australia's prime forests and wildlife for decades to come."
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