Action against protestor

Keywords

Torts – miscellaneous torts – conspiring to injure – intimidation – equity – equitable remedies – injunctions – relevant considerations – procedure – civil proceedings in state and territory courts – costs – interlocutory proceedings – ending proceedings early

Facts

Originally initiated in 2020, the Plaintiff alleged that the Defendant, through his involvement with the protest group Galilee Blockade, engaged in unlawful conduct to harm their business by disrupting the operations of its Carmichael coal mine in central Queensland, including threatening contractors which caused them to withdraw from negotiations.

The claims included accusations of intimidation, conspiracy, and intentional interference with contractual relations. The case involves several tortious claims, including unlawful and lawful means conspiracy, intimidation, and intentional interference with contracts.

The Plaintiffs sought an injunction to prevent future breaches of confidentiality by the Defendant. In this application, the Defendant sought to have the proceedings permanently stayed or struck out, or otherwise seeks to strike out parts of the Further Amended Statement of Claim (FASOC). The Defendant also sought to set aside or permanently stay costs orders, and to discharge injunctive orders.

Decision

Brown J, decision delivered 6 December 2024.

1. The following paragraphs of the FASOC are struck out with liberty to replead: [46] to [57A]; [63], [65] and [66]; [67] to [73A]; and [78] to [82].
2. The plaintiffs are to file and serve a second further amended statement of claim by 14 February 2025.
3. The plaintiffs’ solicitor is to file and serve an affidavit deposing that it has made any necessary investigations required to replead [63] and [66], and is satisfied that there is a reasonable cause of action in relation to Downer and that they have provided the second further amended statement of claim to their clients to provide instructions that they have reviewed the second further amended statement of claim and have instructed that it can be filed in that form.
4. The enforcement of: paragraph [7] of the Orders made in this proceeding by Brown J dated 29 July 2021; and is stayed until the determination of the proceeding or earlier order.
5. The amended application is otherwise dismissed.
6. The parties have liberty to apply for any further order that may be required to give effect to Order 4.
7. The parties are to provide submissions as to costs by 31 January 2025.
8. The Resolution Registrar, in consultation with the supervised case list manager, is to list this matter for review at the earliest available date after 14 February 2025 before a supervised case list judge for directions.

Ratio

The court did not find that the proceedings were an abuse of process and held that various parts of the FASOC were to be struck out. The circumstances, however, had not materially changed to justify setting aside the injunction, and the proceedings could not be permanently stayed or struck out.

Advertisement

This application, as one of many, highlighted the need for the parties to be set on the pathway of getting the matter to trial as soon as possible.