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”