Queensland activist Ben Pennings claims major win as Adani drops long legal battle

Environmental campaigner Ben Pennings has declared what he described as a massive victory after Indian mining conglomerate Adani agreed to end its prolonged legal action against him. According to court filings, the Queensland supreme court finalised orders on Wednesday that effectively close the five-and-a-half-year dispute.

As per the final order, Pennings must not attempt to obtain Adani’s confidential material or encourage anyone else to do so. However, the company has reportedly abandoned its claim for financial damages, which at one point had escalated to $600 million.

The proceedings date back to 2020, when Adani first initiated action. As per earlier court documents, the company unsuccessfully sought permission in mid-2020 to conduct an unannounced search of Pennings’ home, alleging he had accessed sensitive information related to the Carmichael coal project.

Documents also indicated that Adani hired a private investigator to monitor Pennings and members of his family, including photographing him while he accompanied his then nine-year-old daughter to school.

Following the search application, Adani filed a civil lawsuit accusing Pennings who is the national spokesperson for the Galilee Blockade group of attempting to disrupt the Carmichael mine and pressuring suppliers and contractors connected to the project. In 2023, the company dropped the portion of its claim that alleged he had unlawfully obtained confidential material.

Pennings has repeatedly characterised the case as a SLAPP suit a strategic lawsuit intended to silence public participation. Speaking to reporters on Thursday, he described it as the largest and most costly SLAPP action ever seen in Australia, alleging the company aimed to use him as an example to deter other critics.

He argued that such corporate actions undermine democratic dissent and urged the government to introduce legislation banning SLAPP cases, similar to measures adopted in parts of the US and Europe.

Adani, however, has maintained that Pennings’ actions harmed its business interests. The company has claimed that his campaigns contributed to contractors withdrawing from the Carmichael project, including drilling firm Downer. It further alleged he orchestrated sustained efforts to pressure workers for information that was later used to target project partners.

Pennings’ agreement not to seek or solicit confidential information formed part of the final settlement. Mick Crowe, chief operating officer of Bravus Mining & Resources Adani’s Australian mining arm said the company welcomed the undertaking.