A BRIEF HISTORY OF GUNNS v MARR & Ors

13 Dec 2004 First Defendants served with Writ and Version one of statement of claim (216 pages).

Jan - Feb 2005 Correspondence between EMA Legal (lawyers for Gunns) and Defendant legal teams regarding documents in statement of claim and problems with statement of claim.

11 Mar 05 Directions Hearing
• Plaintiffs don’t attend.
• Case moved to Major Torts List of the Victorian Supreme Court.
• Judge expresses concern about statement of claim

30 Mar 05 EMA Legal (for Gunns) writes to all Defendants seeking to adjourn Directions Hearing set for 8 April 2005

5 Apr 05 EMA Legal (for Gunns) requests adjournment of Directions Hearing from 8 April 05 to 22 April 05

8 Apr 05 Directions Hearing
• Timetable set for request and supply of Further and Better particulars
• Strike out hearing foreshadowed for July.

22 Apr 05 Defendants lawyers make requests for Further and Better Particulars of the statement of claim.

10 Jun 05 Gunns’ lawyers supposed to provide Further and Better Particulars by this day.

15 Jun 05 EMA Legal (for Gunns) file proposed new timetable pushing back date of strike out application. EMA Legal serves partial Further and Better Particulars.

17 Jun 05 Directions Hearing
• Requested by plaintiffs. They seek to push back timetable.
• Judge refuses application and awards costs for the day to defendants.
• 4 July 2005 confirmed for strike out

Fri 1 Jul 05 Plaintiffs serve Version 2 of the statement of claim in the afternoon (360 pages)

4 - 8 July 05 Hearing on Strike Out application
• Defendants 1,3,4,5,7,8,10,11,12,14,15,16,17,19 & 20 apply to strike out statement of claim
• Defendants 2,6,9,13 & 18 reserve their rights to apply to strike the statement of claim.

18 Jul 05 Judgment on Strike Out
• Justice Bongiorno strikes out versions 1 and 2 of the statement of claim in its entirety and gives Gunns four weeks to write a new statement of claim.

15 Aug 05 Version 3 of statement of claim served (221 pages).

17 Aug 05 Mention
• Costs awarded to defendants for 17 June 2005 directions hearing, strike out application and thrown away.
• Timetable set for requesting and supplying particulars

14 Sep 05 Requests for Further and Better Particulars

26 Oct 05 Gunns’ lawyers provide Further and Better Particulars

9 Nov 05 Defendants’ lawyers advise court of their intention to make application to strike out version 3 of the statement of claim.

31 Jan 06 Defendants’ lawyers file and serve their outline of argument (summary) in relation to the upcoming strike out application.

9 - 14 Mar 06 Strike Out Hearing
• Strike out application heard by Judge Bongiorno over Thursday, Friday and following Tuesday.
• All defendants apply to strike out version 3 of the statement of claim on a variety of grounds.
• Judge orders Gunns lawyers to compile all further and better particulars and correct statement of claim.

24 Mar 06 Gunns lawyers file and serve merged version of further and better particulars (641 pages) and corrected version of the statement of claim (version 3). This statement of claim is effectively the 4th version.

26 May 06 Application
Lawyers for defendants 1,3,4,5 make an application before Mr Justice Bongiorno for additional costs orders relating to the award of costs following the first strike out application.

12 July 2006 Gunns change lawyers
The court and lawyers for the defendants are advised that Gunns have changed lawyers. Hunt & Hunt are now Gunns lawyers, replacing EMA legal.

8 August 2006 Taxation
Taxing master (at the Supreme Court) awards defendants 10,11 and 12, Bob Brown, Peg Putt and Helen Gee, $86,929.00 in costs in relation to the 1st and 2nd statements of claim in 2005.

28 August 2006 Judgment on March 2006 strike out application
Rejection of third statement of claim
Justice Bernard Bongiorno rejects Gunns third statement of claim in its entirety and gives them until 19 October to tell the court if it will try to introduce another statement of claim

5 October 2006 Gunns change lawyers (again)!
Hunt & Hunt who had replaced EMA legal were themselves replaced by Clayton Utz. Clayton Utz a large commerical law firm operating across Australia. They are well known for representing tobacco companies. It also appears the barristers Stephen Howells and Mark Irving have been sacked. Paul Santamaria S.C. is now doing the talking.

16 October 2006 Gunns ask for more time
Gunns’ lawyers write to the Court seeking an extension of time to comply with the order made on 28 August 2006 that they advise the court and the defendants as to there future intentions in relation to the case. The letter states they intend to drop the “Campaign against Gunns” section of the claim which previously alleged a grand conspiracy to injure Gunns business.

17 November 2006 Three Proposed Statements of Claim
Gunns’ lawyers provided three proposed statements of claim relating to the Lucaston, Triabunna, Styx, Hampshire and Burnie Woodchip Pile claims. They seek more time in relation to the corporate claims (which previously involved allegations of lobbying of Gunns banks and customers as well as the Banksia Foundation). The summons issued with these documents is set to be heard on 25 January 2007 in the Victorian Supreme Court.

13 December 2006 Gunns drops some claims and defendants from the case
Gunns’ lawyers write to the court advising they do intend to proceed with the following claims:
• Japanese Customers Action
• Banks Action
• Banksia Awards action
• Campaign against Gunns

The letter also confirms the following defendants have been dropped from the case:
• Dr Peter Pullinger
• Doctors for Native Forests
• Senator Bob Brown
• Peg Putt MHA
• Helen Gee

15 December 2006 Defendants lawyers respond
The defendants’ lawyers lodged their response to the three proposed statements of claim from Gunns. The responses differ between the defendants although most claim full costs for the wasted time spent on actions and defendants now dropped from the claim.

25 January 2007 Mention
The summons filed on 17 November 2007 was returnable on this day. In other words it comes before the court on this date

9 February 2007 Directions Hearing
Gunns applied to proceed with their case after it was thrown out in August 2006. The directions hearing resulted in 27 February 2007 being set down for a full argument of the matter.

27 February 2007 Hearing
The court hears argument on Gunns application to proceed with the fourth version of the case and the manner in which 5 of the 6 dropped defendants should exit the case.

3 April 2007 Judgment on 27 February 2007 hearing
Justice Bongiorno delivered his judgment allowing Gunns to proceed with the claim against 14 defendants and making orders about the way in which the dropped defendants depart the case.

5 April 2007 Dr Frank Nicklason served with statement of claim
The original case against Dr Nicklason, a physician at the Royal Hobart hospital was dismissed by Justice Bongiorno on 3 April 07. Two days later Gunns served another statement of claim on Dr Nicklason. This contained similar allegations as were found in the original proceeding in relation to alleged comments Dr Nicklason made about woodchip piles in Burnie. The allegation that Dr Nicklason was part of a “Campaign against Gunns” (as found in the first three statements of claim) is not mentioned.

July 2007
The amount Gunns have to pay to defendants in legal costs exceeded $500,000.00. This compares to Gunns itemized claim for damages which amounts to $115,504.47

20 August 2007 Hearing on costs and exit of defendant Russell Hanson
The court heard argument as to who should pay the costs of the February hearing on version 4 of the statement of claim. The court decided Gunns should pay the defendants costs.

The court also made orders allowing Gunns to drop the case against Russell Hanson. This followed Russell’s acceptance of an offer from Gunns. The settlement was made on the basis that Russell denied liability, did not have to pay damages or Gunns costs and agreed not to undertake certain activities in relation to Gunns.

14 September 2007 Notice of Discovery served by Gunns’ lawyers
Clayton Utz, lawyers for Gunns today served a notice of discovery on defendants' lawyers. “Discovery” is the process by which the parties exchange documents in their possession, custody or control relevant to any question in the case to the other parties. The defendants now have 42 days to provide a list of documents.

17 September 2007 Gunns' defamation case against Dr Nicklason struck out.
Master Evans of the Victorian Supreme Court today struck out Gunns’ statement of claim. 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. The court has given Gunns 14 days to file another statement of claim.

16 November 2007
Short hearing held in which two defendants give undertakings in relation to without prejudice communication. Simon Brown exits case after accepting offer of settlement from Gunns.

29 January 2008
Hearing following application by Gunns that Brian Dimmick make discovery of documents. Mr Dimmick was unrepresented at the hearing. Master Evans ordered he make discovery by 18 February 2008 and that he pay Gunns costs of the application.

10 April 2008 and 28 April 2008
Hearing over two days following application by Gunns that Lou Geraghty, Adam Burling, Neal Funnell, Louise Morris and the Huon Valley Environment Centre make further discovery. The court refused to make further orders and also rejected Gunns' application for costs. The Master ordered that Gunns costs be "costs in the proceeding".

22 May 2008
Hearing following application by Gunns that Brian Dimmick produce documents listed in his affidavit of documents. This is part of the discovery process. Mr Dimmick has been unrepresented since late in 2007. He was represented in this hearing on short notice by Landers & Rogers instructing Fiona McLeod SC. Master Evans made orders that Mr Dimmick produce the documents and pay Gunns' costs of the application.

29 May 2008
Hearing following application by Gunns that Frank Nicklason provide further particulars of his defence. Dr Nicklason was ordered to provide these particulars and ordered to pay Gunns' costs of the application.

7 August 2008
Hearing in which Gunns seek to strike out Frank Nicklason's defence of truth. Master Evans strikes out the defence on the basis that the particulars provided by Frank's solicitor didn't deal with the problem identified in May 2008. Dr Nicklason is ordered to pay Gunns costs of the application.

18 and 19 August 2008
Hearing (called "taxation") to determine the amount of costs Gunns should pay Senator Bob Brown, Peg Putt and Helen Gee after Gunns dropped them from the case. Judge Bongiorno ordered that Gunns pay their costs on 4 April 2007.