‘They had this attack-dog strategy’: Adani protester vows not to stop as lawsuit dropped

Mining giant Bravus’ years-long multimillion-dollar legal pursuit of former Brisbane mayoral candidate Ben Pennings has ended, after the anti-fossil fuel campaigner agreed to court orders.

Pennings was sued by mining company Adani, which operates as Bravus in Australia, in 2020, alleging he had disrupted operations at the Carmichael coal mine in Queensland’s North Galilee Basin.

Environmental activist Ben Pennings speaking outside the Supreme Court in Brisbane on Thursday.Credit: Cloe Read

In a statement on Thursday morning, Bravus said it was pleased to announce the dispute had concluded after Pennings agreed to court orders requiring him not to engage in any further campaign to gain access to Bravus’ confidential business information.

But Pennings has vowed to continue his campaign against the miner.

The orders in the Supreme Court state Pennings must not ask any Adani mining employee, including contractors or proposed contractors, to disclose to him or any other person confidential information.

“We started this legal action in the Supreme Court to stop Mr Pennings from harassing and intimidating our employees and contractors,” Bravus Mining and Resources chief operating officer Mick Crowe said.

The mining company claimed “a number of high-profile businesses walked away” from dealing with it as a result of Pennings’ activism.Credit: Cameron Laird

“This damages claim was never about the money.

“All we wanted was for Mr Pennings to stop trying to get our confidential information and using it to harass and intimidate our contractors and suppliers to pressure them to stop working with us.

“Over the years, a number of high-profile businesses walked away from us because of his campaign.

“Some of those who stayed with us had to spend money on security to protect themselves from protests, lock-ons and office invasions.

Pennings at a protest in Pinkenba.

“Mr Pennings was himself arrested at one of these protests at Pinkenba when he was attempting to stop a concrete pumping company from working on our mine and rail project.”

During the dispute, Pennings had sought orders to have the case struck out as an abuse of process.

He estimated the mining giant would have spent more than $10 million on the case.

Speaking outside court on Thursday, Pennings described the case as ridiculous and a waste of time.

“It’s wasted so many court dates and nothing has happened. They started off with $600 million, went down to $17 million, went down to $6 million – it was five different versions of their claim in five years.”

Pennings said it was the biggest SLAPP suit (strategic lawsuit against public participation) in Australia’s history.

He said his legal fees were about $1.2 million, with about 20,000 Australians donating to his cause.

“The reason they [Adani] went after me was because [I was] in the media a bit, seen as a figurehead, you know, been involved with the Greens.

“It’s like, ‘Yeah, let’s go and get this Ben Pennings dude and yeah, let’s, like, f--- over his family as well’ ... to show others,” he said.

Pennings said if people were now scared to protest, the lawsuit had worked. “But it’s wrong. Corporations shouldn’t be scaring away peaceful protesters like this,” he said.

Pennings, pictured with daughter Isabella, celebrated the case being dropped.Credit: Cloe Read

“Corporate-run SLAPP suits are just an affront to democracy, as far as I’m concerned.”

He said the case had taken an extraordinary toll on his health, and challenges with his family.

“As you know, Adani followed my family around. They followed a nine-year-old walking to school.

“They tried to raid our house. That’s very anxiety-provoking stuff. They’ve been subpoenaing journalists.

“Ultimately, they’ve betrayed the industry … they’re cowboys, they had this attack-dog legal strategy, but they’ve actually involved all sorts of other companies.

“They’ve given the environment movement a tonne of information that we can use for our strategy over time.”

Pennings said he was glad he did not have to go to trial, and was looking forward to Christmas without the case hanging over his head.

He vowed to continue to protest and campaign, with plans to attend Rising Tide, a large-scale blockage in Newcastle.

“It’s the world’s biggest coal port, there were 7000 people there last year and 150 arrested ... it’s a big symbolic event.”

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