On 3 April 2007, Justice Bongiorno delivered his judgment (http://www.austlii.edu.au/au/cases/vic/VSC/2007/91.html)
following Gunns' application to proceed with their case based on the fourth version of the statement of claim. This follows versions 1, 2 and 3 being thrown out by the court.

The fourth version of the statement of claim concerns 14 of the original 20 defendants. Five of the 20 have been dropped entirely from the case, namely: Senator Bob Brown, Peg Putt MHA, Dr Peter Pullinger, Doctors for Native Forests and Helen Gee.

Gunns discontinued the aspect of the case concerning Dr Frank Nicklason but have since sued him again in a fresh proceeding. This deals with the allegations that Dr Nicklason defamed Gunns in relation to one of their woodchip piles. The court awarded Dr Nicklason costs as a result of Gunns discontinuing the case. The costs awarded, however, were on a party/party basis. Party/party costs usually cover only 60 - 75% of the actual legal costs.

The 14 defendants still involved in the main proceeding were ordered to file their defences by 4 May 2007. Other orders were made in relation to all parties providing further details of the claim and defence. These orders take the matter through to 4 August 2007 after which further orders will need to be made.