Master Evans of the Victorian Supreme Court today struck out Gunns’ statement of claim. This is the fourth statement of claim in the Gunns 20 case to be struck out. The statement of claim sought damages from Hobart doctor, Dr Frank Nicklason for alleged comments he made in 2002 in relation to potential health risks from woodchip piles in Burnie, Tasmania. Dr Nicklason will now wait and see if Gunns file a new statement of claim. Dr Nicklason said, after learning of the outcome:

“I am pleased, but the thing that strikes me is how much time and in particular court time and therefore taxpayers’ money has been spent on this. It’s been almost 3 years and we’re no further along.”

“The key issue is that professional people such as doctors and scientists can responsibly express concerns about potential risks associated with activities or potential activities of corporations. My advice is people shouldn’t be intimidated and if they have concerns about a particular development they should express them in a responsible and evidence-based way. The proposed pulp mill and the public health concerns associated with that is a case in point.”

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

Vanessa Bleyer, President of Lawyers for Forests, was present in court and described the result as:

“Unexpected, given the order striking out the statement of claim came when Gunns applied to strike out a paragraph in the defendant’s defence. It is of concern that Gunns appears not to want the truth of the doctor’s statement tested in court. It is concerning that Gunns is suing people who raise public health issues in light of the pulp mill proposal.”

Ms Bleyer explained that the part of the defence, that Gunns were applying to strike out, alleged that what the doctor said was true.