"Judge says Gunns capitulated on some claims but will allow others to proceed" 3 April 2007

On Tuesday 3 April 2007 Justice Bongiorno handed down his decision following the hearing on 27 February 2007. The judgment concerned a number of issues. Essentially it was about the future progress of the case for the remaining defendants and the way in which some defendants exit the case. A copy of the reasons for judgment is not available at this time.

The Judge has ordered that:

· the stay put on the case on 28 August 2006 (when Version 3 was struck out) be lifted. This basically means the case can continue.

· Gunns can serve Version 4 on the remaining defendants.

· There be judgment against Gunns in favour of Senator Bob Brown, Peg Putt MHA, Helen Gee, Dr Peter Pullinger and Dr Frank Nicklason without adjudication on the merits (i.e. - the truth of the claims or applicability of the law). The case against Doctors for Native Forests is all ready over. The Judge stated that the dropping of the claims against these defendants was a “capitulation” by Gunns.

· Gunns pay Dr Peter Pullinger's costs on a party/party basis until 1 Feb 06 and then on an indemnity basis from then on.

· Gunns pay Senator Bob Brown, Peg Putt MHA and Helen Gee's costs on a party/party basis.

· That defendants submit their defences to Version 4 by 4 May 07.

· Gunns pay the costs of the application to lift the stay.

There was some mention of whether the five actions in Version 4 would be heard in one trial or multiple trials. The Judge has essentially left this decision to later in the proceeding.