'Embarrased' Gunns apologises over court delay
By Peter Gregory
Chief court reporter
The Age
June 17, 2005 - 12:05PM

Draconian court orders could be needed to manage the "enormous" damages action bought by Tasmanian timber company Gunns against environmental campaigners, a judge said today.

Gunns is seeking an estimated $6.36 million from Greens leader Bob Brown, the Wilderness Society and other activists and groups.

Justice Bernard Bongiorno said the case had the potential to tie upresources in the Victorian Supreme Court for many months.

"And when it comes to trial, (for) God knows how long," he said.

Justice Bongiorno was responding to an apology by Mark Irving, forGunns,who said the company had been unable to provide all of the details requested by defendants about the claim in the time allowed.

Mr Irving said the company had received 539 requests for information and had given hundreds of pages of material in reply.

Later he told Justice Bongiorno that significant parts giving particular details of the company's claim had not been provided.

"I apologise that we haven't complied with the orders. I'm embarrassedbythat," Mr Irving said.

"It is something that we have been working hard on throughout ... the period to try and get material in ... in the best form we could."

Justice Bongiorno said today in court that the case was an enormous one when it started, and it might be thought the company would have been prepared to the "ultimate degree".

Mr Irving said some changes might need to be made to the claim. He asked for further time to send particulars to defendants.

Defendants include Senator Brown's Tasmanian counterpart Peg Putt and Wilderness Society national campaigns director Alec Marr.

Gunns has also taken action against the Wilderness Society, the Huon Valley Environment Centre and Doctors For Native Forests.

Julian Burnside, QC, who told the court he represented a Tasmanian doctor,said the company should receive minimal concessions.

He said some defendants were unemployed, and it was oppressive for them to have a well-resourced plaintiff come to court again and again to request more time.

The company asserted it had been subjected to a campaign to injure it and unlawfully interfere with its business.

Mr Burnside said the company had recently published material showing itsturnover was $335 million in the six months to December 31 last year.

Justice Bongiorno said he would rule today about whether the company wouldhave more time, and on applications by defendants for legal costs resulting from the hearing.

Article from: theage.com.au

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Gunns logging case to be lengthy: judge
The Sydney Morning Herald
June 17, 2005 - 1:34PM

A multi-million dollar damages claim by Tasmanian logging giant Gunns Ltd against environmentalists could clog up the courts for an extraordinary amount of time, a judge says.

Gunns is seeking $6.3 million from 20 defendants, including Australian Greens Senator Bob Brown and the Wilderness Society, in the Supreme Court of Victoria.

The timber company has accused the defendants of machine sabotage, destruction of property, trespassing, blocking of access to land and obstructing police at its logging sites.

Justice Bernard Bongiorno said the action was "enormous" when it started and told Gunns barrister Mark Irving the case should have been prepared "to the ultimate degree" before it began.

"This is not an ordinary case," he said.

"This is a case that has the potential to tie up this court for many, many months and, if it goes to trial, for God knows how long."

Mr Irving was asking for more time to serve further particulars of an alleged "overarching" conspiracy between the defendants which consisted of wrongful and tortious acts and crimes.
Barrister Julian Burnside, representing the nineteenth defendant, said his client was an unemployed farmer in Tasmania and it was oppressive for him to have to put his life on hold for a wealthy plaintiff.

He said Gunns had a turnover of more than $335 million in the six months to December 31 and a profit of more than $100 million in the last financial year.

Outside the court, Senator Brown told reporters he thought the action would fail.

"We have always maintained that the case against us will not stand up," he said.

Senator Brown said environmentalists had been fighting for Tasmania's forests and wildlife for decades.

"At the current moment the destruction is as great as it has ever been," he said.

"It's an environmental crisis and my job as a Tasmanian senator is to turn that environmental crisis around."

A spokesman for the Wilderness Society, Greg Ogle, said the organisation was being sued for $3.5 million under accusations it organised a campaign against Gunns.

Mr Ogle said the society was disappointed in the delays and the defendants would ultimately seek to have the case struck out.

Justice Bongiorno temporarily adjourned the case to determine how long the plaintiffs would have to file further information and to assess the defendants' claim for costs.

Article from: The Sydney Morning Herald