Indian mining company Adani has agreed to end its marathon legal pursuit of environmental activist Ben Pennings.
Pennings declared victory on Thursday, after the Queensland supreme court signed off on orders on Wednesday, ending the five-and-a-half-year court battle. The order requires Pennings not to seek to acquire Adani’s confidential information or to ask others to do so.
The case began in 2020. Adani made an unsuccessful application to conduct an unannounced search of Pennings’s family home in June 2020, for possible evidence he had obtained its confidential information related to the Carmichael coalmine.
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Court documents in that case detailed that Adani hired a private investigator to surveil the activist and his family members, including taking photographs of him walking his then nine-year-old daughter to school.
Adani then lodged a civil claim against Pennings, the national spokesperson for the group Galilee Blockade, alleging he sought to disrupt the operations of the Carmichael coalmine, its suppliers and contractors.
In 2023 Adani dropped the part of its claim that Pennings had unlawfully accessed secret information.
“I’m beyond ecstatic this harrowing case is over but very angry the current law allows it,” Pennings said on Thursday.
“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 said he intended to immediately return to direct action against the mine.
“This is a massive victory for everyone who believes in democracy, free speech, and the right to protest. It shows that ordinary people can resist corporate bullying and win. I’m deeply grateful to my family, my community, and everyone who helped me fight this,” Pennings said.
Adani said Pennings had damaged its business. The company claimed his actions had caused several contractors to quit, including drilling company Downer.
It alleged he “orchestrated a sustained campaign” against the Carmichael project, soliciting employees to leak secret information to him and that he had used it to harass contractors.
Pennings has agreed not to obtain Adani’s confidential information or ask others to obtain it.
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Mick Crowe, the chief operating officer of Bravus Mining & Resources (the Australian subsidiary of the Adani Group), said the business was pleased Pennings had agreed to make the undertaking.
“We started this legal action in the supreme court to stop Mr Pennings from harassing and intimidating our employees and contractors,” he said.
“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.”
