In a landmark conclusion to a protracted legal saga, Indian mining conglomerate Adani has agreed to end its five-and-a-half-year legal pursuit of environmental campaigner Ben Pennings. The Queensland Supreme Court formally signed off on the orders, bringing the case to a close and prompting the activist to declare a monumental victory for protest rights.
A Harrowing Legal Ordeal Comes to an End
The legal battle, which commenced in 2020, saw Adani attempt to conduct an unannounced search of Mr Pennings's family home. The company was seeking evidence that he had obtained confidential information regarding the controversial Carmichael coalmine. Court documents revealed that Adani had hired a private investigator to surveil the activist and his family, including taking photographs of him walking his then nine-year-old daughter to school.
Adani subsequently lodged a civil claim against Pennings, who acts as the national spokesperson for the environmental group Galilee Blockade. The claim alleged he had sought to disrupt the operations of the Carmichael mine, its suppliers, and its contractors. However, in a significant development in 2023, Adani dropped the specific part of its claim that accused Pennings of unlawfully accessing secret information.
Activist's Relief and Corporate Justification
Following the court's decision, Ben Pennings expressed his profound relief. "I'm beyond ecstatic this harrowing case is over but very angry the current law allows it," he stated. "Adani has wilfully abused our court system with five versions of their claims against me in five years. They tried to silence me forever but I can again speak freely about the damage they are doing to Australia's democracy and precious places."
Pennings characterised the outcome as a "massive victory" for democracy, free speech, and the right to protest, vowing to immediately return to direct action against the mine.
In response, a spokesperson for Adani's Australian subsidiary, Bravus Mining & Resources, defended the company's actions. Chief Operating Officer Mick Crowe stated that the legal action was initiated to stop Pennings from "harassing and intimidating our employees and contractors." He emphasised that the claim was "never about the money" but about preventing the activist from obtaining and using confidential information to pressure contractors, some of whom had reportedly walked away from the project.
The Terms of the Settlement
The orders from the Queensland Supreme Court require Ben Pennings to formally undertake not to seek Adani's confidential information or to solicit others to do so on his behalf. This undertaking forms the core of the legal settlement that has finally drawn a line under the years of litigation, marking the end of a fiercely contested chapter in Australian environmental activism.
