Amended Statement of Claim re: Frank Nicklason. 1 October 2007

After the case was discontinued against Dr Nicklason on 3 April 2007 Gunns immediately issued fresh proceedings against Dr Nicklason alone. 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 was 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”

On 17 September 2007 Master Evans of the Victorian Supreme Court struck out Gunns’ statement of claim. This is the fourth statement of claim in the Gunns 20 case to be struck out. On 1 October 2007 Gunns submitted an amended statement of claim against Dr Nicklason. The amended statement of claim alleges Dr Nicklason made the comments to advance the political platform of Doctors for Forests. This allegation was not in the previous claim. The political platform of Doctors for Forests is alleged to be:
“…to oppose in any circumstances the clear felling and wood chipping of old growth and native forests in Tasmania.”

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