Gunns fails in application for further court orders. 28 April 2008
Master Evans of the Victorian Supreme Court today refused Gunns' application for further orders compelling defendants to provide further documents. This is part of the "discovery" process which commenced in October last year.
Today was the second day of hearing in this application brought by Gunns against 5 defendants (Lu Geraghty, Adam Burling, Neal Funnell, Louise Morris and the Huon Valley Environment Centre). Estimates put the cost to Gunns of this exercise at $50,000.00.
The court refused to make further orders and also rejected Gunns' application for costs. Instead the Master ordered that Gunns costs be "costs in the proceeding". This means that the question of whether Gunns get their costs of the application is tied to the ultimate outcome of the case.
In the course of the hearing the defendants' barrister Michael Gronow was critical of the way Gunns and its lawyers were running the case saying that Gunns "ought not be able to throw their weight around" particularly given his clients were four individuals of modest means and a small not-for-profit organisation in rural Tasmania.
The discovery process continues.
See coverage of the hearing by Herald Sun reporter Norrie Ross in the attached article from the Hobart Mercury.
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| 080429 Mercury Bully Claim .PDF | 48.1 KB |
