ABC Online
Last Update: Monday, July 18, 2005. 12:24pm (AEST)

Court strikes blow to Gunns compo claim

Tasmanian timber giant Gunns has had a major setback in its bid to sue 20 environmentalists and environmental groups, with the judge describing parts of the statement of claim as unintelligible.

The timber company is seeking more than $6 million from individuals and groups ranging from Greens leader Bob Brown and the Wilderness Society to the group, Doctors for Native Forests.

The company is arguing it suffered losses as a result of protests organised by the groups.

In the Supreme Court in Victoria this morning, Justice Bernard Bongiorno struck out Gunns' 360-page statement of claim.

Justice Bongiorno said large parts of the statement of claim were either unintelligible or understandable only after what he said would be the most careful and painstaking analysis.

He said the extensive use of crossreferencing rendered some parts ambigious at best and at worst misleading.

He said in some cases it would be extremely difficult, if not impossible, for a defendant to work out whether they were liable for a specific forest action.

The company has until the middle of next month to file a revised writ.

Senator Brown, who was in court, says it is a minor victory for the environmentalists in what is likely to be an ongoing case.

"I can only feel that they must be ashamed about the outcome of today's hearing, certainly I would," he said.

Environmentalists named in the legal action say today's ruling means they can get back to work.

Outside the court, Adam Burling from the Huon Valley Environment Centre said he has been dragged into the court case because of his work protecting Tasmania's forests.

"Today's court ruling allows me and the many others involved in this case to actually get back to the work of trying to protect these forests which remain open to the chainsaws and bulldozers every day as we speak, so we find this heartening and very supportive to get this ruling today," he said.

Gunns' executive chairman John Gay says he is waiting to hear from his lawyers and will comment later today.