GUNNS – Court cases against protestors in Australia start to crumble…The ‘McGunns’ court cases against protestors in Australia start to crumble…The articles below describe a major victory for protestors after a highly controversial series of court cases in Australia, all of which now seem to be collapsing after determined opposition over the last 4 years. A massive woodchip/logging company, Gunns Ltd, was hoping to intimidate and suppress a widespread campaign which was successfully exposing their environmentally-damaging practices destroying forests. Parallels were drawn with the McLibel case, which had had extensive and positive coverage in Australia. The McLibel Support Campaign in London publicly pledged their support to the ‘Gunns 20′ defendants and exchanged information and ideas.
Protests have included:(i) Logging operations disruption campaigns and actions at various sites (ii) Corporate vilification campaigns relating to the Burnie Woodchip site and the Banksia Awards; (iii) Campaigns against overseas customers of the Gunns, including customers in Japan and Belgium; and (iv) Corporate campaigns targeting shareholders, investors and Banks.
More details about how protesters turned the tables and ‘did a McLibel’ can
Despite settling a four-year legal dispute Gunns and an environmental group have continued a war of words each claiming the other was putting a false spin on the agreement.After a settlement on Monday between forestry giant Gunns and the Wilderness Society, both groups claimed victory. The environment group claimed the move was “a significant win for free speech”.The Wilderness Society said that after seeking $3.5 million in damages from 20 protesters, Gunns had to pay $350,000. The Wilderness Society’s Virginia Young compared the payout to the “McLibel” court case, when McDonald’s successfully sued activists for defamation but was perceived by many to have had a public relations disaster.”After spending probably $3 million of shareholders’ money claiming that the Wilderness Society organised a grand conspiracy against them, Gunns has now had to drop the claims against the Wilderness Society and pay us money,” Ms Young said in a statement.But a spokesman for Gunns had a very different interpretation of events.
“Quite frankly their press release … I am trying to avoid calling it an out-and-out lie but it certainly glosses over some important facts, such as them paying us damages and them having to, on a net basis, having to pay us costs as well,” the spokesman said.
He said under the terms of the settlement the Wilderness Society would pay $25,000 in costs and, including amounts already settled, $105,000 in damages.The Gunns spokesman said while his organisation had to pay the Wilderness Society $350,000 in costs relating to part of the court action, the environmental group owed Gunns $375,000 in costs from a separate court action.”They had trespassed, it was alleged, onto Gunns property and damaged or destroyed logging equipment,” he said.”Basically they went in and caused damage to bulldozers and stuff,” the spokesman said.
But Greg Ogle from the Wilderness Society said Gunns’ figures about costs paid to them were false.”They have made that up completely,” Mr Ogle said. Mr Ogle said Gunns were trying confuse matters by mixing in decisions from different court actions. “Where they are getting the $375,000 claim from is a case that we ran against the federal government over the pulp mill that they were a party to,” Mr Ogle said. “That is their guesstimate on costs. There has been no award for that amount and we have not paid that amount. They are bringing in a completely separate case, which is a federal court case directed at the federal government,” he said.There is still action ongoing against seven other defendants named in the case who were part of the original 20 named in Victorian Supreme Court action by Gunns.
Gunns had earlier dropped its actions against five activists, including Greens leader Bob Brown.
MARK COLVIN: The Tasmanian timber company Gunns has settled its court case against The Wilderness Society.The court case began in 2004 when Gunns served a writ on 20 environmentalists and conservation groups which were protesting against the company’s logging operations. The defendants called themselves The Gunns 20, but now only seven remain. A number of cases had already been dropped, today it was the turn of The Wilderness Society. It agreed to pay Gunns $25,000 compensation for a forest protest in 2003.
But in return, it’ll get a much bigger cheque from Gunns, in payment of The Wilderness Society’s legal costs. Felicity Ogilvie reports from Hobart
FELICITY OGILVIE: In 2004 Gunns launched a test of liability laws when it sued 20 individuals and environmental groups for protesting against its logging operations in Tasmania’s forests.At the time Gunns wanted The Wilderness Society to pay $3.5- million worth of compensation. But in moves revealed today, Gunns has accepted $25,000 compensation from The Wilderness Society, dropped the case against it and paid the group’s legal fees that are worth $350,000. Alec Marr from The Wilderness Society was a defendant in the case. ALEC MARR: This was a David and Goliath struggle from the beginning and what we’ve seen is that Goliath has just handed David a cheque for $350,000 to get an out of court settlement, because they don’t have a feather to fly with when it comes to their legal arguments in court.
FELICITY OGILVIE: Taking the environmentalists to court hasn’t been a cheap option for Gunns.Today’s settlement with The Wilderness Society brings the amount of costs Gunns has paid to defendants to more than $1-million. But The Wilderness Society’s Alec Marr says today’s payout hasn’t helped his group protect any more areas of forest.
ALEC MARR: We will remain as committed as we’ve always been to protecting those forests, protecting Tasmania’s wilderness and to doing everything we can to empower the Tasmanian community.
FELICITY OGILVIE: But after the Gunns 20 writ was served on The Wilderness Society, the Society stopped direct action in forests. Now the people are sitting in trees or chaining themselves to equipment are from more grass roots community groups. Has The Wilderness Society been scared of such direct action after the Gunns 20 writ?
ALEC MARR: Well, I think we have always used a range of tactics to achieve peaceful outcomes in terms of protecting the environment. Don’t forget that we’ve also been out there talking to banks, we’ve been talking to Gunns customers, we’ve been talking to their shareholders. There’s a whole range of things…
FELICITY OGILVIE: But the Wilderness Society stopped direct action in the forest after the Gunns 20 writ. Is it because The Wilderness Society was scared?
ALEC MARR: No. It’s because they were not the most efficient means in terms of creating a peaceful solution that was going to protect the forests and empower the Tasmanian community.
FELICITY OGILVIE: Despite giving up on most of the 20 defendants, Gunns hasn’t abandoned the case altogether.It’s still pursing seven defendants and Adam Burling is one of them. Mr Burling heads a community group called the Huon Valley Environment Centre.
ADAM BURLING: The Gunns case we saw as a set up to stop people campaigning against the destruction of Tasmania’s old growth and from the start we saw it as a very worrying trend that companies like Gunns would use millions of dollars to try and silence community members. As it goes into its fourth year, it hasn’t changed my resolve or the resolve of the Huon Valley Environment Centre to continue to stand up for the protection of Tasmania’s forests and we will not be intimidated by Gunns or by its expensive lawyers or its expensive law suit.
FELICITY OGILVIE: Gunns put out a media release about today’s deal with The Wilderness Society saying it respects the rights of groups to protest. But the company says the protests can’t involve illegal activities like trespassing.
A spokesman from Gunns says the company has no intention of dropping the claim against the remaining defendants.
A MULTIMILLION-DOLLAR legal claim by timber giant Gunns aimed at keeping protesters away from Tasmania’s old-growth forests has collapsed after four years, with the company ordered to pay the Wilderness Society $350,000 in legal costs. The Wilderness Society is explicitly free to continue protesting as part of the settlement, which ends the marathon $3.5 million lawsuit against the group.Seven defendants out of an original 20 remain in the Supreme Court case, which began with a $6.9 million claim. Claims against others, including Greens leader Bob Brown, were dropped or settled earlier. The Age understands the remaining claims against the Huon Valley Environment Centre and six individuals are also likely to collapse. As part of the settlement, the Wilderness Society will pay Gunns $25,000 in damages for a protest in Tasmania’s Styx Valley in November 2003.
Individual claims against society executive director Alec Marr and officers Leanne Minshull and Heidi Douglas were also settled.During previous settlements, the Wilderness Society and others had paid Gunns $45,000, plus costs.The society and Gunns continued to trade blows yesterday, with each side claiming victory. Mr Marr said the case was the greatest corporate legal fiasco since “McLibel”, when McDonald’s successfully sued activists for defamation but endured a public relations disaster. “We believe the whole thing has been a monumental waste of shareholders’ money and … the court’s time,” he said.
But a Gunns spokesman said: “They pay the company damages, so I’m not sure how that translates into a victory for them. Gunns has dropped claims against the Wilderness Society because (it) has paid Gunns money. They have paid damages, they have settled the case.” Over three years since December 2004, the Supreme Court struck out three of the company’s claims before the case proceeded with a fourth writ, alleging the society started a conspiracy to harm Gunns. Maurice Blackburn partner Josh Bornstein, who represented the Wilderness Society, said Gunns’ original writs were incomprehensible and that the history of the case should be taught at law schools worldwide.
“It is a very entertaining example of how not to go about conducting litigation,” he said. “I think it was spectacular, and, at times, a comic debacle.” Gunns company secretary Wayne Chapman said the timber giant respected the community’s rights to peaceful protest but the law had to be obeyed. “We will continue to vigorously defend our right to carry out our lawful business,” he said.
In a separate case, the Wilderness Society was last year ordered to pay 40 per cent of Gunns’ legal costs over a failed appeal regarding the Federal Government’s environmental approval process of the controversial proposed Bell Bay pulp mill. While Gunns estimates the society is liable to pay it $375,000, the amount payable is yet to be determined by an officer of the Federal Court.
Court cases against protestors in Australia start to crumble…
GUNNS – Court cases against protestors in Australia start to crumble…The ‘McGunns’ court cases against protestors in Australia start to crumble… The articles below describe a major victory for protestors after a highly controversial series of court cases in Australia, all of which now seem to be collapsing after determined opposition over the last 4 years. A massive woodchip/logging company, Gunns Ltd, was hoping to intimidate and suppress a widespread campaign which was successfully exposing their environmentally-damaging practices destroying forests. Parallels were drawn with the McLibel case, which had had extensive and positive coverage in Australia. The McLibel Support Campaign in London publicly pledged their support to the ‘Gunns 20′ defendants and exchanged information and ideas.
Protests have included: (i) Logging operations disruption campaigns and actions at various sites (ii) Corporate vilification campaigns relating to the Burnie Woodchip site and the Banksia Awards; (iii) Campaigns against overseas customers of the Gunns, including customers in Japan and Belgium; and (iv) Corporate campaigns targeting shareholders, investors and Banks.
More details about how protesters turned the tables and ‘did a McLibel’ can
be found on their websites: www.mcgunns.com and www.gunns20.org
Gunns settles with green group over damages claims Sydney Morning Herald. March 16, 2009 – 5:56PM
http://business.smh.com.au/business/gunns-settles-with-green-group-over-damages-claims-20090316-8zs1.html
Despite settling a four-year legal dispute Gunns and an environmental group have continued a war of words each claiming the other was putting a false spin on the agreement.After a settlement on Monday between forestry giant Gunns and the Wilderness Society, both groups claimed victory. The environment group claimed the move was “a significant win for free speech”.The Wilderness Society said that after seeking $3.5 million in damages from 20 protesters, Gunns had to pay $350,000. The Wilderness Society’s Virginia Young compared the payout to the “McLibel” court case, when McDonald’s successfully sued activists for defamation but was perceived by many to have had a public relations disaster.”After spending probably $3 million of shareholders’ money claiming that the Wilderness Society organised a grand conspiracy against them, Gunns has now had to drop the claims against the Wilderness Society and pay us money,” Ms Young said in a statement.But a spokesman for Gunns had a very different interpretation of events.
“Quite frankly their press release … I am trying to avoid calling it an out-and-out lie but it certainly glosses over some important facts, such as them paying us damages and them having to, on a net basis, having to pay us costs as well,” the spokesman said.
He said under the terms of the settlement the Wilderness Society would pay $25,000 in costs and, including amounts already settled, $105,000 in damages.The Gunns spokesman said while his organisation had to pay the Wilderness Society $350,000 in costs relating to part of the court action, the environmental group owed Gunns $375,000 in costs from a separate court action.”They had trespassed, it was alleged, onto Gunns property and damaged or destroyed logging equipment,” he said.”Basically they went in and caused damage to bulldozers and stuff,” the spokesman said.
But Greg Ogle from the Wilderness Society said Gunns’ figures about costs paid to them were false.”They have made that up completely,” Mr Ogle said. Mr Ogle said Gunns were trying confuse matters by mixing in decisions from different court actions. “Where they are getting the $375,000 claim from is a case that we ran against the federal government over the pulp mill that they were a party to,” Mr Ogle said. “That is their guesstimate on costs. There has been no award for that amount and we have not paid that amount. They are bringing in a completely separate case, which is a federal court case directed at the federal government,” he said.There is still action ongoing against seven other defendants named in the case who were part of the original 20 named in Victorian Supreme Court action by Gunns.
Gunns had earlier dropped its actions against five activists, including Greens leader Bob Brown.
AAP
————————————–
Wilderness Society wins ‘David and Goliath’ battle against Gunns
http://www.abc.net.au/pm/content/2008/s2517654.htm
ABC – PM Monday, 16 March, 2009 Reporter: Felicity Ogilvie
MARK COLVIN: The Tasmanian timber company Gunns has settled its court case against The Wilderness Society.The court case began in 2004 when Gunns served a writ on 20 environmentalists and conservation groups which were protesting against the company’s logging operations. The defendants called themselves The Gunns 20, but now only seven remain. A number of cases had already been dropped, today it was the turn of The Wilderness Society. It agreed to pay Gunns $25,000 compensation for a forest protest in 2003.
But in return, it’ll get a much bigger cheque from Gunns, in payment of The Wilderness Society’s legal costs. Felicity Ogilvie reports from Hobart
FELICITY OGILVIE: In 2004 Gunns launched a test of liability laws when it sued 20 individuals and environmental groups for protesting against its logging operations in Tasmania’s forests.At the time Gunns wanted The Wilderness Society to pay $3.5- million worth of compensation. But in moves revealed today, Gunns has accepted $25,000 compensation from The Wilderness Society, dropped the case against it and paid the group’s legal fees that are worth $350,000. Alec Marr from The Wilderness Society was a defendant in the case. ALEC MARR: This was a David and Goliath struggle from the beginning and what we’ve seen is that Goliath has just handed David a cheque for $350,000 to get an out of court settlement, because they don’t have a feather to fly with when it comes to their legal arguments in court.
FELICITY OGILVIE: Taking the environmentalists to court hasn’t been a cheap option for Gunns.Today’s settlement with The Wilderness Society brings the amount of costs Gunns has paid to defendants to more than $1-million. But The Wilderness Society’s Alec Marr says today’s payout hasn’t helped his group protect any more areas of forest.
ALEC MARR: We will remain as committed as we’ve always been to protecting those forests, protecting Tasmania’s wilderness and to doing everything we can to empower the Tasmanian community.
FELICITY OGILVIE: But after the Gunns 20 writ was served on The Wilderness Society, the Society stopped direct action in forests. Now the people are sitting in trees or chaining themselves to equipment are from more grass roots community groups. Has The Wilderness Society been scared of such direct action after the Gunns 20 writ?
ALEC MARR: Well, I think we have always used a range of tactics to achieve peaceful outcomes in terms of protecting the environment. Don’t forget that we’ve also been out there talking to banks, we’ve been talking to Gunns customers, we’ve been talking to their shareholders. There’s a whole range of things…
FELICITY OGILVIE: But the Wilderness Society stopped direct action in the forest after the Gunns 20 writ. Is it because The Wilderness Society was scared?
ALEC MARR: No. It’s because they were not the most efficient means in terms of creating a peaceful solution that was going to protect the forests and empower the Tasmanian community.
FELICITY OGILVIE: Despite giving up on most of the 20 defendants, Gunns hasn’t abandoned the case altogether.It’s still pursing seven defendants and Adam Burling is one of them. Mr Burling heads a community group called the Huon Valley Environment Centre.
ADAM BURLING: The Gunns case we saw as a set up to stop people campaigning against the destruction of Tasmania’s old growth and from the start we saw it as a very worrying trend that companies like Gunns would use millions of dollars to try and silence community members. As it goes into its fourth year, it hasn’t changed my resolve or the resolve of the Huon Valley Environment Centre to continue to stand up for the protection of Tasmania’s forests and we will not be intimidated by Gunns or by its expensive lawyers or its expensive law suit.
FELICITY OGILVIE: Gunns put out a media release about today’s deal with The Wilderness Society saying it respects the rights of groups to protest. But the company says the protests can’t involve illegal activities like trespassing.
A spokesman from Gunns says the company has no intention of dropping the claim against the remaining defendants.
MARK COLVIN: Felicity Ogilvie.
—————————————————————————
Gunns pays $350,000 – and declares victory http://www.theage.com.au/national/gunns-pays-350000–and-declares-victory-20
090316-8zwg.html March 17, 2009
A MULTIMILLION-DOLLAR legal claim by timber giant Gunns aimed at keeping protesters away from Tasmania’s old-growth forests has collapsed after four years, with the company ordered to pay the Wilderness Society $350,000 in legal costs. The Wilderness Society is explicitly free to continue protesting as part of the settlement, which ends the marathon $3.5 million lawsuit against the group.Seven defendants out of an original 20 remain in the Supreme Court case, which began with a $6.9 million claim. Claims against others, including Greens leader Bob Brown, were dropped or settled earlier. The Age understands the remaining claims against the Huon Valley Environment Centre and six individuals are also likely to collapse. As part of the settlement, the Wilderness Society will pay Gunns $25,000 in damages for a protest in Tasmania’s Styx Valley in November 2003.
Individual claims against society executive director Alec Marr and officers Leanne Minshull and Heidi Douglas were also settled.During previous settlements, the Wilderness Society and others had paid Gunns $45,000, plus costs.The society and Gunns continued to trade blows yesterday, with each side claiming victory. Mr Marr said the case was the greatest corporate legal fiasco since “McLibel”, when McDonald’s successfully sued activists for defamation but endured a public relations disaster. “We believe the whole thing has been a monumental waste of shareholders’ money and … the court’s time,” he said.
But a Gunns spokesman said: “They pay the company damages, so I’m not sure how that translates into a victory for them. Gunns has dropped claims against the Wilderness Society because (it) has paid Gunns money. They have paid damages, they have settled the case.” Over three years since December 2004, the Supreme Court struck out three of the company’s claims before the case proceeded with a fourth writ, alleging the society started a conspiracy to harm Gunns. Maurice Blackburn partner Josh Bornstein, who represented the Wilderness Society, said Gunns’ original writs were incomprehensible and that the history of the case should be taught at law schools worldwide.
“It is a very entertaining example of how not to go about conducting litigation,” he said. “I think it was spectacular, and, at times, a comic debacle.” Gunns company secretary Wayne Chapman said the timber giant respected the community’s rights to peaceful protest but the law had to be obeyed. “We will continue to vigorously defend our right to carry out our lawful business,” he said.
In a separate case, the Wilderness Society was last year ordered to pay 40 per cent of Gunns’ legal costs over a failed appeal regarding the Federal Government’s environmental approval process of the controversial proposed Bell Bay pulp mill. While Gunns estimates the society is liable to pay it $375,000, the amount payable is yet to be determined by an officer of the Federal Court.
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