As global warming gets worse and activist more determined, the coalminer is becoming aggressively litigious.
In a decision claimed as a win by both parties, Queensland’s Supreme Court has found Adani must share confidential — if redacted — documents with activist Ben Pennings as the company pursues the co-founder of direct action group Galilee Blockade with allegations of “breach of confidence” relating to confidential information, “inducing breach of contract” and “intimidation” relating to Adani’s contractors, and “conspiracy” to injure Adani’s coal operations in Australia.
Along with co-litigator the Carmichael Rail Network (CRN), Adani instituted proceedings against Pennings more than a year ago over his role in the Galilee Blockade, seeking both damages and restraints on him using the allegedly procured confidential information. The case largely but not solely relates to divestment campaigns Adani argues resulted in integrated services company Downer Group withdrawing from negotiations to build and operate the Carmichael mine, a move it further argues forced them to build it themselves and downgrade from 30 million to 10 million tonnes of coal a year.
However, Adani Australia — now “Bravus”, a name change pretty much everyone has been happy to ignore — admitted in March it could not actually identify what information Pennings may have acquired, but in light of his work in divestment campaigns has nonetheless sought to keep a trove of confidential documents it alleges he may have used secret from him. Instead, it would hand over the more than 350 contracts to his lawyers and provide him just 10 as examples.
Can Adani’s legal warfare stop its challengers? Read on.
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