Adani wins bid for injunction against activist Ben Pennings

A serial protester will be forced to remove social media posts about Adani after the mining giant won its bid for an injunction against the campaigner claiming his harassment campaign cost them millions of dollars.

Environmental activist Benjamin Penning will be forced to cease his public attacks against mining giant Adani after the company won a Supreme Court injunction against him.

Adani and its Carmichael Rail Network claim Pennings’ ongoing campaign of harassment has cost millions of dollars, forced its insurance to skyrocket by 400 per cent, blown out its $1 million security bill to $5 million and cost millions of dollars in lost and renegotiated contracts.

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Adani is suing Mr Pennings, an outspoken serial protester and former Greens mayoral candidate, who it claims has orchestrated a sustained campaign of harassment and intimidation against the company for almost a decade.

Ben Pennings during a protest in Brisbane last year. Picture: Adam Head

In addition to the damages lawsuit, Adani last week also applied for an injunction to force Pennings to remove previous online posts threatening the mine and its contractors and cease publishing any future posts relating to the mine on social media and websites including Galilee Blockade.

Adani alleges Pennings helped orchestrate an “infiltration campaign” whereby people were encouraged to leak the company’s confidential information, and a “Dob in Adani” campaign in which contractors were targeted by activists, causing a number of companies to cease relationships with the coal mine and its rail line.

This morning Justice Glenn Martin granted the mine’s injunction application, saying he was satisfied the evidence supported the conclusion that Pennings and others had “misused and will, unless restrained, continue to misuse confidential information with the purpose of frustrating or terminating the development of the mine and rail network”.

“The protest activity undertaken by the Galilee Blockade has led to at least three contractors withdrawing,” Justice Martin said.

“The information published on the social media accounts reinforces that the Galilee Blockade is determined to continue to obtain confidential information and to use it, and other information, to place pressure upon contractors to either withdraw from negotiations or to withdraw from contracts.

Adani critic Ben Pennings outside court on Friday. Picture: Annette Dew

The evidence relating to the conduct of Mr Pennings and the Galilee Blockade allows for an inference to be drawn that, unless required to remove the statements complained of, they will remain on the social media accounts and will be acted upon by Mr Pennings and the Galilee Blockade.”

He said Adani had provided un-contradicted evidence that contractors and suppliers had been the subject of threats, some of which had been fulfilled through action being taken against contractors such as Downer Group, AECOM, and Greyhound Australia.

“The conduct alleged against Mr Pennings has, on the applicants’ case, resulted in a loss of many millions of dollars to the applicants,” Justice Martin said.

“Should they be successful in this matter then the potential size of an award of damages would, on the material, be beyond Mr Pennings.

“There is nothing to suggest that an individual in his circumstances could make good the damage which is said to have been caused.”

Justice Martin said the balance of convenience “clearly favours” the granting of the injunction.

Ben Pennings getting told to move on by the police during an Adani protest last year. Picture: AAP image, John Gass

The order will require Mr Ben Pennings to remove online posts and campaigns remove any online material related to the Dob in a Contractor campaign, remove content from online channels that encourages the collation of confidential material about our business, and to stop what Adani alleges is threatening behaviour towards its contractors and employees.

“The plaintiffs have a good case against Mr Pennings and there will be no prejudice to him should orders be made which, effectively, require him to act in a lawful way,” he said.

“The injunction sought will have no financial repercussion for Mr Pennings but, if they are not made, the losses to the applicants will be very substantial.

“The injunctions sought do not seek to, nor would they, have any effect on any business or undertaking of Mr Pennings, nor do they restrict his right, or any other member of Galilee Blockade, to participate in lawful protest.”

Outside court, Mr Pennings said while he would comply with the court order, the “global movement” would not be deterred by the lawsuit.

“Adani claims their legal strategy is not about inflicting hardship on me,” Mr Pennings said.

“Despite this successful injunction, Adani is still undertaking court action that could bankrupt my family. I shouldn’t have to sell our suburban family home to make a multi-billionaire even richer. So long as Adani threatens my family and the environment we all share I will do everything lawfully in my powers to stop them.”

“The global movement to stop Adani’s coal mine will not be deterred by the cold-hearted bullying tactics of a billionaire’s mining company targeting one individual.

“The Australian public will continue to oppose Adani’s destructive climate wrecking mine.”

An Adani spokeswoman said the company welcomed the court’s decision.

“The injunction was requested in order to prevent Mr Ben Pennings from continuing what we claim is a sustained campaign of harassment and intimidation against our business and contractors, whilst the civil legal proceedings that we have brought against him are underway,” a spokesperson said.

“We are pleased with the outcome of today’s hearing that the injunction is now in place, and we will continue to pursue the civil legal proceedings while hoping that Mr Pennings honours the terms of this injunction and refrains from undertaking any further activity that could cause distress to our employees and contractors.

Adani said it had offered to drop the lawsuit against Mr Pennings if he ceased his online pursuit of the company.

“We have advised Mr Pennings that we would no longer pursue this legal matter if he made a permanent undertaking to: remove any online material related to the ‘Dob in a Contractor’ campaign, remove content from online channels that encourages the collation of confidential material about our business, and to stop what we allege is threatening behaviour towards our contractors and employees,” the spokesperson said.

“Mr Pennings to date has not agreed to this undertaking and so we are proceeding with the civil case.”

The Australian Conservation Foundation said the legal action would “backfire” against the mining giant.

“Adani has failed to secure a social licence for its giant coal mine and has instead decided to use lawyers to silence its opponents,” ACF campaigner Christian Slattery said.

“Adani’s attack dog legal strategy will backfire because it reinforces the company’s reputation for intimidating its opponents to get its way.

“This is a sure-fire way to galvanise even more public opposition to the Carmichael coal mine.”