ADANI v PENNINGS
Previously Justice Brown struck out ADANIs claim and provided an avenue for ADANI’s lawyers to correct their mistakes. The justice is on ADANI’s side. Pennings lawyers were correct to challenge the lawsuit on the basis that it was an abuse of process.
Adani’s SLAPP suit is designed to obscure the facts of this mining venture. Fossil fuel extraction is destroying the environment. There are real alternatives to coal fired power stations. That means renewables, it does not mean nuclear as proposed by the LNP. Nuclear is not clean energy, its waste persists for thousands of years.
The Adani project was widely opposed. Even sections of the Labor Party were opposed to this venture. The reality is that Queensland and Australia are increasing the amount of coal and gas being exported. The companies involved are expanding into new markets.
For example Australia has increased its exports of coal and gas to Israel in the past year. Australia is fueling the genocide in Gaza with the support of the two major parties.
Australia should be supporting the Palestinians and opposing these exports to Israel. The courts will never address the substantive issues. It is a waste of time because the judges are government appointees and the government supports this project against the popular will.
We have already seen the demise of the Labor Party in government that jumped onboard with this project. Labor kept up it’s mantra of ‘jobs jobs jobs’. However there are very few jobs in coal and far more jobs in renewables. This ongoing lawsuit by Adani is what the term means strategic lawsuits against public participation or SLAPPs.
John Tracey is giving us a lesson in law. All this legal terminology obscures the fact that the popular will is against Adani and its coal project in Central Queensland. That means the popular will in Australia and the people in India who are exploited by Adani.
We include John Tracey’s summary of the case so far.
ADANI v PENNINGS update.
Justice Brown did not strike out any part of the claim. As indicated in the recent decision, the only element of Adani’s original claim that has been removed is the stolen document allegation which was removed in 2023 because Adani couldn’t get the warrant to get the evidence to prove it. All the other elements of the claim are still before the court, as listed in yesterday’s decision –
(b) conspiracy to injure by lawful means;
(c) conspiracy to injure by unlawful means;
(d) the tort of intimidation;
(e) inducing breach of contract;
(f) an apprehended tortious interference in contractual relations in the future.
I will probably respond to the coal stuff later but for now I point out that since this case started Ben has not campaigned on and has barely mentioned the Adani mine, land rights, coal or climate change. The whole campaign is framed about Adani’s cruelty to a suburban dad.
For those who are following the case – Last Friday a Supreme Court review hearing was held. The purpose of the hearing was to get all the paperwork in order and set a timetable to go to trial however there were more arguments about the paperwork so the lawyers have got some homework to do before another review hearing on June 2. See the court’s judgement and orders below.
I am reporting on this case because last December Ben Pennings claimed to have defeated Adani in the supreme court. He said he had a “big win” and a “win for common sense and people power” and that he “kicked Adani’s butt”.
I don’t know why he said these things, but when I read the court’s December decision, it was obvious that Adani won, and Ben lost that particular battle. I informed Ben that he was mistaken, and he abused me and said his lawyers knew more than me. Fair enough. Since then he has continued to celebrate his victory and received much adulation for it including Bob Brown calling him an “enduring hero” and an Indian filmmaker making a documentary “An Activist vs Adani” about his victory which has been distributed globally. But the trial hasn’t even started yet? It’s all a bit weird.
John Tracey, 28 March 2025
The decision and orders released today –
https://1drv.ms/b/c/c6ffde618aada281/EUE4pTyHDXFCiJvwvID9tKMBJGsgmEHLhZSrcDo74eb9Og
Sorry for the late message but we have finally WON #DadvsAdani. I’m doing a media conference at 10 am tomorrow (27 November 2025)at the Supreme Court – 415 George St in Brisbane City. Inviting people to be part of the quick public celebration for cameras if they can make it.
I attended the court after the press conference with Ben Pennings. After nearly 6 years Adani has abandoned it’s slappp suit against pennings. There will be no costs awarded against him. Adani continues to mine coal in Queensland.
Adani (through its Australian subsidiary) sued Pennings in 2020, alleging that through his activism and campaign with Galilee Blockade he had: obtained or attempted to obtain “confidential information,” pressured or intimidated contractors and suppliers to withdraw from dealings with Adani, conspiring to cause economic loss, and caused millions (originally claimed as up to → AU$600 million) in damages.
Ben Pennings, 25 November 2025.
Under the final orders, Pennings agreed not to seek Adani’s confidential information nor ask others to do so.
All other serious allegations — conspiracy, intimidation, breach of contract, claims of major economic damages — were abandoned. The previously claimed damages (once as high as AU$600 million) had been whittled down over successive versions of the claim, eventually reduced to a much smaller amount (~ AU$6 million) before being dropped entirely.
In effect, the only remaining restriction on Pennings is the narrow, voluntary undertaking about not soliciting or using Adani’s confidential information; otherwise, he is free to continue lawful activism.
The Guardian, 26 November 2025