Anti-Adani activist Ben Pennings in Supreme Court in legal battle with mining giant

Dozens of anti-Adani protesters have gathered outside the Brisbane Supreme Court in support of one of the project’s most vocal critics who is locked in a bitter legal battle with the mining giant.

Dozens of anti-Adani protesters have gathered outside the Brisbane Supreme Court in support of one of the project’s most vocal critics Ben Pennings who is locked in a bitter legal battle with the mining giant.

Adani lodged a landmark civil damages action against outspoken environmental activist Mr Pennings in August last year, claiming he orchestrated a sustained campaign of harassment and intimidation against the company, costing millions of dollars.

The Galilee Basin miner Adani and its Carmichael Rail Network are seeking damages for breach of confidence, intimidation and conspiracy.

The case came before the court today where Mr Pennings’ lawyers argued against confidentiality orders being imposed that would stop Mr Pennings from personally viewing details of the entire case against him.

Anti-Adani protesters outside the Brisbane Supreme Court as vocal activist Ben Pennings (waving) is locked in a bitter legal battle with the mining giant. Picture: Danielle O'Neal

But lawyers for Adani argued in court against the full particulars of the case being released to Mr Pennings, saying they were concerned the confidential information including plans for the mining project and related supplier contracts would be leaked.

Barrister Graham Gibson QC, for Adani, submitted Mr Pennings could not “be trusted to maintain confidentiality of any material that he’s exposed to”.

In a statement to media, Mr Pennings’ legal team said the activist would struggle to defend his case if the details were kept confidential from him.

“Adani says Ben has taken its confidential information, but won’t tell him what that information actually is,” Marque Lawyers partner Kiera Peacock said.

“This creates a real tension with Ben’s fundamental right to natural justice, to know the case he has to defend.”

Anti-Adani protesters outside the Brisbane Supreme Court as vocal activist Ben Pennings is locked in a bitter legal battle with the mining giant. Pictured is Mr Pennings’ oldest daughter Isabella with protesters. Picture: Danielle O'Neal

Mr Pennings said the confidentiality order sought would hamper his defence.

“It’s impossible to defend myself against a multi-billionaire if Adani withholds details of its case against me,” he said.

“I need to know what exactly Adani says I did wrong, so that I can actually defend this case and end the ongoing pain this is causing my family.”

The hearing continues before Justice Susan Brown.

Outside court, Pennings’ oldest daughter, Isabella, 21, said the ongoing civil case against her father had put her family under immense pressure.

“Adani doesn’t care about my family,” she said.

“We’re just a means to an end for them, a tool that they can use in their overall goal, their overall goal being climate destruction and profits for their billionaire CEOs.

“Nothing shows how little they care more than this whole charade, the lawsuit obviously is bad enough, like it’s despicable, but the way they’ve gone about it shows that even people who disagree with us can’t stand by the things that they have done.”

Anti-Adani protesters outside the Brisbane Supreme Court. Picture: Danielle O'Neal

Ms Pennings said she had become paranoid of being followed since Adani had unsuccessfully applied to raid their family home last year and hired a private investigator to follow her younger sister, who was nine years old at the time.

“To this day, every time a car stops near me, I think I’m being followed, and that’s really hard,” she said holding back tears.

MP for Maiwar Michael Berkman said the civil case was an attempt by Adani to bankrupt Mr Pennings.

“I’m sick and tired of multinational corporations thinking they can use their billions to bully and silence anyone who stands in their way,” he said.

“It’s really clear that Adani is becoming increasingly desperate, why else would they be dragging Ben before court and trying to take away his family home? Why else would they be trying to bankrupt traditional owners just trying to protect their country? It’s clear that they’re doing this because they know that no-one wants their dirty, dangerous thermal coal.”

Pennings’ lawyers argued the confidentiality orders would hinder his client’s ability to adequately defend himself.

“In many ways it’s a bit like being required to fight with one hand behind your back,” Barrister Dan O’Gorman SC said.

“We do not submit that there should be unrestricted access, we are acknowledging the reality that some information would likely be protected.

“The defendant has never said that everything should be [released] certainly not, but what he does say is that everything related to him to properly defend his case should be available to him.”

Justice Susan Brown reserved her decision.