Media conference 10am TODAY @ Supreme Court in Brisbane
Today Adani formally dropped their five and a half year claims against Ben Pennings in the Supreme Court of Queensland. Many of their allegations had already been struck out by the Court. Their claim to damages had also been reduced from $600 million to $6m through 5 different versions of their claims over 5 years. To finally end the case, Ben proposed a very minor restriction to his political freedoms.
Media conference:
-
10am, Thursday November 27, 2025
-
Supreme Court - 415 George Street, Brisbane City
-
Ben Pennings, Isabella Pennings and Cr Trina Massey
Galilee Blockade will again be using civil disobedience to protect Queensland’s Galilee basin from fossil fuel expansion, including the announced expansion of Adani’s Carmichael mine.
Ben Pennings can also continue bold campaigning against the Carmichael mine, apart from his agreement not to seek Adani’s confidential information or ask others to do so.
Adani vs Pennings is the biggest and longest SLAPP suit in Australian history, lasting over 5 years and up to $600 million in damages being sought.
SLAPP stands for ‘Strategic Litigation Against Public Participation’. Australia’s Human Rights Law Centre describes SLAPP suits as a form of corporate bullying, specifically designed to stop people engaged in civic action to prevent social and environmental harm caused by specific businesses. Corporations often target high profile individuals who are engaged in action that is nonviolent, legal, participatory and democratic.
Adani first tried to obtain an Anton Piller order in June 2020, a civil law search order to raid Ben’s family home for two days. This process included hiring former security contractors from Afghanistan to follow his children, including a 9yo on her way to primary school. This was legal but both the Supreme Court and Court of Appeal rejected Adani’s Anton Pillar application.
Adani then commenced very public Supreme Court litigation against Ben to stop his long standing nonviolent protest against thermal coal mining in the Galilee Basin, successfully gaining an injunction against him for over 5 years while the case proceeded in a deliberately drawn out but harrowing process.
Adani has spent extraordinary amounts of money on this litigation, estimated at over $10 million for a claim that was reduced to $6 million, one percent of the original claim. Donations from over 20,000 Australians raised $1.2m for Ben’s legal fund.
Full victory statement by Ben Pennings
Founder of the Australian Greens, Bob Brown, said:
“Indian billionaire coal miner Gautam Adani tried to crush good-hearted Australian environmentalist Ben Pennings who was abandoned by state and federal governments. But Pennings courageously stood his ground over 5 punishing years until Adani caved in. This must never happen again. Australian states should follow most US states and ban such abuse of the law against ordinary citizens by billionaires.”
Ben’s eldest daughter Isabella Pennings said:
“It’s been over 5 years since Adani followed my 9yo little sister to primary school. Adani still refuses to destroy or give the photos back, which is really gross. This is such a relief for our family. After years of Adani’s torment, we are free to go back to our regular lives. I am disgusted that this was allowed to go ahead for so long and I know the psychological scars will last longer.”
David Mejia-Canales from the Human Rights Law Centre said:
“From journalists to human rights defenders and local community groups – powerful and wealthy actors are using legal bullying and intimidation tactics to silence their critics who speak out. We need stronger laws that give courts the power to identify and strike down abusive lawsuits, protect public advocacy and free speech, and safeguard our democracy."
The leader of Ben’s legal team, Kiera Peacock, said:
“The end of this case is long overdue. For five years Ben has faced an extraordinarily demanding and resource-intensive proceeding, marked by shifting allegations and an opponent with seemingly unlimited money. The case changed so many times that by 2024 Ben was forced to ask the court to bring it to an end as an abuse of process. Whilst the court declined, it struck out significant parts of Adani’s claim. This outcome allows him to finally move on with his life, free from the burdensome and free-speech restricting injunction he has been under for the past five years.”
Media Contacts:
-
Laura Murphy-Oates, Human Rights Law Centre - 0421 431 166 or [email protected]
-
Ben Pennings - 0418 164 014 and [email protected]
-
Kiera Peacock - 0415 373 566 and [email protected]
Legal Background - Adani vs Pennings
In 2020, Adani obtained a sweeping urgent injunction against Ben Pennings, then self-represented, which blocked him from engaging in a wide range of peaceful protest activities.
Adani alleged that Ben and the Galilee Blockade had obtained and misused its confidential information, intimidated contractors into withdrawing from the Carmichael project, and caused Adani more than $600 million in losses. It claimed Ben had engaged in both lawful and unlawful civil conspiracy and tortious intimidation - causes of action frequently deployed in SLAPP suits.
Adani said that “We brought these civil proceedings against Mr Pennings in 2020 to enforce our rights and allow employees and contractors of our Carmichael mine … to carry out legal and legitimate business activities free from intimidation and harassment."
From these words it can be inferred that the purpose of the case was to silence Ben’s protest activity, and send a message to other protestors that interfering with Adani’s business could result in a lawsuit.
Over five years, Adani repeatedly reshaped its case. Its alleged losses shrank from more than $600 million to around $6 million. Its confidential-information case shifted from alleging Ben possessed and misused a large cache of documents to merely claiming he had asked someone for confidential information. What remains today of the entire case - as a result of the Court’s orders - is simply a voluntary undertaking from Ben not to seek Adani’s confidential information.
In December 2024, Ben succeeded in striking out major parts of Adani’s case, several aspects of the pleading being described as “confused and embarrasing”. Significantly, the judgment clarified the bounds of civil conspiracy claims against activists. SLAPP suits often allege that activists have conspired to cause economic harm through lawful actions - a threat that has chilled civil society participation. The court confirmed that such a claim can only succeed if the dominant purpose of the alleged conspirators was to harm the company, rather than to pursue an altruistic goal:
“It may be that, as the defendant contends, when evidence is presented, the court will find that the purpose of the defendant and persons said to be involved in the conspiracy is no more than an intent to stop mines as part of a campaign to reduce anthropogenic climate change … In which case, the plaintiffs will not succeed.”
In anticipation of a final hearing likely to occur in 2026, Adani issued subpoenas to more than 25 of its former contractors and potential contractors - including Downer, Greyhound, AON, Aurizon and AECOM - seeking internal documents about the Carmichael coal mine project and their reasons for withdrawing. It planned to call for cross-examination of approximately 40 senior executives and directors from these contractors, including Downer’s chair, Mike Harding.
Most recently, Adani sought court orders compelling Ben to answer wide-ranging questions about the Galilee Blockade and its internal operations. In October, the court refused that application.
To finally end the case Ben proposed a very minor restriction to his political freedoms. The only restriction on Ben moving forward is that he cannot seek to obtain Adani’s confidential information, nor can he ask others to do so. Ben is otherwise free to continue his campaign against Adani’s Carmichael coalmine. The outcome means this case is the second failed 5 year long SLAPP suit in the last 20 years, following in the footsteps of the Gunns 20 litigation.
Contact details:
-
Laura Murphy-Oates, Human Rights Law Centre - 0421 431 166 or [email protected]
-
Ben Pennings - 0418 164 014 and [email protected]
-
Kiera Peacock - 0415 373 566 and [email protected]