Friends of Forests and Free Speech - Judgments

Gunns loses appeal. Judge says orders sought had “the hallmarks of a fishing expedition”. 7 November 2008

Legal — Thu, 13 Nov 2008 15:06:35 +1100

The Victorian Supreme Court has dismissed an appeal by Gunns following the court’s earlier rejection of Gunns’ application for further documents from The Wilderness Society. Justice Kaye ordered Gunns to pay The Wilderness Society’s costs of the appeal. The judgment is attached.

Court Dismisses Gunns' Application - The Wilderness Society successful. 3 September 2008

Legal — Thu, 04 Sep 2008 15:31:55 +1000

Master Evans of the Victorian Supreme Court today dismissed Gunns' application for an order that The Wilderness Society(TWS) release more documents to Gunns. The documents sought included contact addresses, phone numbers and other details of 128 conservationists. No decision was made on costs.

Judgment delivered on exiting defendants and latest statement of claim. 3 April 2007

Legal — Thu, 07 Jun 2007 12:48:12 +1000

On 3 April 2007, Justice Bongiorno delivered his judgment (http://www.austlii.edu.au/au/cases/vic/VSC/2007/91.html)
following Gunns' application to proceed with their case based on the fourth version of the statement of claim. This follows versions 1, 2 and 3 being thrown out by the court.

Costs Judgment Delivered - Version 3 strike out. 20 October 2006

Legal — Wed, 01 Nov 2006 00:00:00 +1100

On 20 October 2006 Justice Bongiorno delivered his judgment on costs following Version 3 of Gunns' statement of claim being thrown out.
http://www.austlii.edu.au/au/cases/vic/VSC/2006/386.html

Gunns third statement of claim rejected. August 29 2006

Update — Mon, 21 Aug 2006 12:39:22 +1000

Justice Bernard Bongiorno has rejected Gunns’ third statement of claim in its entirety. The company has been given until 19 October to tell the court if it will try to introduce another statement of claim.

In the Victorian Supreme Court, Justice Bongiorno said that the statement of claim 'cannot be allowed to stand in its present form’. Its size and complexity places an unreasonable burden and enormous cost on individual defendants.

Defendants cautiously welcomed the decision, but pointed out the unfairness of the process. Nearly two years on, after huge expense and anxiety, the case is no further advanced and Gunns still has the option to make a fourth statement of claim.

You can now download a scan of the decision below. Also you can view the full reasons for the decision at http://www.austlii.edu.au/au/cases/vic/VSC/2006/329.html

Strike Out Application July 2005 - Judgment of Judge Bongiorno

Legal — Tue, 18 Jul 2006 02:29:51 +1000

Decision of Judge Bongiorno following application to strike out Gunns first and second statements of claim.

Costs Ruling August 05

Legal — Wed, 17 Aug 2005 00:00:00 +1000

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