Gunns have applied to strike out part of Dr Nicklason’s defence. The application will be heard by Master Evans at 10.30am on Monday, 17 September 2007 in the Victorian Supreme Court. The single paragraph in question states that even if the comments allegedly made are defamatory, that they were true and published for the public benefit and/or were fair comment.

On 3 April 2007 the court gave judgment for Dr Nicklason without adjudication on the merits. Gunns then issued fresh proceedings against Dr Nicklason in the Victorian Supreme Court. The new proceedings seek unspecified damages for defamation on the basis of alleged comments that Dr Nicklason made to a journalist on 8 April 2002. The new proceedings do not allege Dr Nicklason was part of a grand conspiracy to injure Gunns as alleged in the first three statements of claim. The transcript of the comments attached to the statement of claim alleges Dr Nicklason said:

“The bottom of the woodchips, I’ve been told, or at least one of them hasn’t moved here in seven years so it will be compost and it will almost certainly have Legionella and fungal organisms which can be blown across town”

Dr. Nicklason has been a Staff Specialist Physician at the Royal Hobart Hospital for the last 10 years, practicing in general and geriatric medicine.