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Byron Shire
April 21, 2021

Adani granted injunction against anti-Adani activist Ben Pennings

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Activist Ben Pennings. Photo Facebook.

Adani has been granted an injunction today to stop activist Ben Pennings from certain actions and statements in relation to the Adani coal mine.

The injunction was granted by Supreme Court Justice Martin and follows two recent, but failed, court applications by Adani to have a search order against Pennings earlier this year.

Adani’s attempts at secret home raids

‘Today Supreme Court Justice Martin granted Adani an injunction stopping me from doing and saying specific things in relation to the Carmichael coal mine and rail project. This follows two recent failed court applications by Adani to intimidate my family by raiding our home,’ said Mr Pennings in a media statement this morning.

According to the ABC court documents revealed that the mining company had ‘secretly sought to raid the Brisbane home of an activist to seize evidence’.

‘Adani and its Carmichael Rail Network applied for a search order, known as an Anton Piller order, against Benjamin Pennings in June this year.

‘It claimed Mr Pennings had possession of “confidential information on a computer at his home” which was being used in a concerted campaign of “intimidation and conspiracy” against the Galilee Basin coal project.

Mr Pennings says that the while ‘Adani claims their legal strategy is not about inflicting hardship on me. Despite this successful injunction, Adani is still undertaking court action that could bankrupt my family.

‘I shouldn’t have to sell our suburban family home to make a multi-billionaire even richer. So long as Adani threatens my family and the environment we all share I will do everything lawfully in my powers to stop them.

‘The urgent need to stop new thermal coal mines is much bigger than any one individual,’ says Mr Pennigs.

‘The global movement to stop Adani’s coal mine will not be deterred by the cold-hearted bullying tactics of a billionaire’s mining company targeting one individual. The Australian public will continue to oppose Adani’s destructive climate wrecking mine.’

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  1. Indeed, the Australian public – an extremely large number
    of them – will continue to tell Adani to ‘go home.’ Anyone
    can check-out Adani’s track record in countries world
    wide. Catastrophic outcomes everywhere.

    • Where’s ScoNO ringing into morning radio shows to vent his outrage about this bullying behaviour by Adani and standup in support of Ben Pennings? Oh that’s right, ScoNO loves Adani and ScoNO loves his lump/s of ‘the little black wonder rock’ – “This is Coal. Don’t be afraid. Don’t be scared. It won’t hurt you. Its Coal” – as he famously told the Nation from the floor of Federal Parliament. Sorry Ben Pennings, you on your own, the ScoNo is MIA!

  2. My guess would be that Adani officials suspect that Mr. Pennings obtained information from a whistle-blower, and wanted to use the raids to find out who that is.

  3. I have just attended a 2 day (virtual) conference called Smart Energy.
    link: https://smartenergyvirtual.vfairs.com/en/hall#
    Note you might need to register, but worth the effort. There were talks about Virtual Power Plants, Green Hydrogen (& Ammonia). There was a talk from a researcher from ANU looking at the prospects for Australia: We can become a Green-Power superpower. Some of ther things discussed are mind boggling! But keep in mind that Asia & Europe are looking to Hydrogen too because it is a pre-cursor to many of humans needs: energy, plastics etc.
    One thing mentioned at the event is that Sustainable Energy is a real threat to Fossil Fuel futures, & much like Cigarettes, Australia is one of the key players involved with the change from Fossil fuels to Renewables. This explains the funding to major Political partiesd, & the ex-pollies taking up lucrative jobs after their political life ends.
    If you listen to the talks, the future for Australia is really positive. But, we need the Government(s) to help the process. There will need to be some seed funding to start the process, but Australia has the potential to export far more value than the current mine-&-ship mentality, including far more jobs.
    Adani is not required or wanted in this future Australia.

  4. Anton Piller orders: The title “search orders” follows the title used in the English rules. The original name “Anton Piller order” derives from the seminal case of Anton Piller KG v Manufacturing Processes Ltd [1976] 1 Ch 55.

    The characteristics of a search order are secrecy, mandatory form and virtually immediate execution. A search order does not permit forcible entry. In that crucial respect it differs from a search warrant. A search party encountering resistance to entry or search must depart: Anton Piller KG v Manufacturing Processes Ltd, above, at 61. The main sanction for disobedience to a search order is contempt of court.

    Concern about the draconian effect of search orders, and the fact that they are made against respondents who have not been notified or heard, have led to detailed safeguards being built into the example form of order in Practice Note 13.

    Although a search order is normally ex parte and granted before service of the originating process, it has also been granted after judgment in order to obtain documents essential to the execution of the judgment where there was a serious risk that a respondent would remove or destroy them in order to frustrate enforcement: Distributori Automatici Italia SPA v Holford General Trading Co [1985] 1 WLR 1066.

  5. Thanks Robin for the legal embellishment of “search order”. Maybe you can use your legal expertise in assisting Mr.Pennings. I found it unusual there were no links in the article for voluntarily assisting Mr Penning or the Anti adani campaign.

  6. THANK YOU BEN PENNINGS…..you are one amazing guy.Adani are ruthless/arrogant /authoritarian bullies, to put it mildly. Ben you should NEVER have to endure this sort of intimidation & immense stress. Adani as we ALL know have a shocking environmental track record worldwide & I bet they are mighty scared of what compelling documentation you have. Find a safe secluded rock garden to hide whatever they are after. I do hope that you have brilliant lawyers & will be looking up your website to donate. I find it bloody galling that SCummo has said nothing about Adani’s relentless pursuit of you in this David (Ben) & Goliath battle. Also the Qld Premier has been ‘surprisingly’ silent. ..not so surprisingly sadly. THE POWERS THAT BE, ALWAYS GO AFTER DAVID in these battles, even the religious ones in parliament, which is tragically to be expected.You’re hero Ben & many millions of us are very proud of you & will do more to support you.

  7. We are with you, Ben. You are dealing with a bunch of
    pick-pocketing Liberals [at what?] & Nationals [funny
    name for a pitiful party!] who believe they are the
    chosen ones. It is a pity we are all aboard the same


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