A great day for our forests and freedom of speech

$3.5 million damages claim turns into $350,000 payment to The Wilderness Society

The tables have turned on woodchip company Gunns Ltd and its four-year long legal action in the Victorian Supreme Court against The Wilderness Society is over. Its claims for $3.5 million in damages have turned into a $350,000 payment to The Wilderness Society.

In a settlement finalised on 16 March, 2009, Gunns will pay The Wilderness Society $350,000 in costs and discontinue its legal action against The Wilderness Society and individuals either currently or formerly with The Wilderness Society – Alec Marr, Leanne Minshull and Heidi Douglas.

"This is a significant win for free speech in Australia. The fact that Gunns now has to pay money to The Wilderness Society after claiming for the past four years that The Wilderness Society owed it $3.5 million demonstrates that the legal action was an empty case from the beginning," former defendant and The Wilderness Society's Executive Director Alec Marr said.

"Unfortunately the scars from four years of defending against nonsense will remain for some time. Many lives have been deeply affected by the sort of legal action that Gunns has pursued and there are still seven remaining defendants, despite today’s outcome."

Watch "Protecting our Forests & Free Speech. Gunns v Marr and Others" (1:38 mins)

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The Wilderness Society’s Virginia Young called on Gunns to now settle its legal action against the remaining seven defendants.

"This has been the biggest legal fiasco since the McLibel case, which taught every other corporation that suing community groups was a bad idea. After spending probably $3m of shareholders’ money claiming that The Wilderness Society organised a grand conspiracy against them, Gunns has now had to drop the claims against The Wilderness Society and pay us money."

"The legal action was rubbish from the start, and we are proud not only to have won the case today, but also to have continued to campaign for the protection of forests and against Gunns’ environmentally destructive pulp mill."

Details of settlement:

• Gunns discontinues case against The Wilderness Society and its (former) officers, Alec Marr, Leanne Minshull and Heidi Douglas
• Gunns will release The Wilderness Society from liability from all actions in any version of the statement of claim
• Gunns will pay The Wilderness Society $325,000 (net):
• Gunns will pay The Wilderness Society $350K for TWS costs in the case
• The Wilderness Society will pay Gunns $25K in damages for a protest in the Styx Valley November 2003

The Wilderness Society has given no undertakings to Gunns and is free to continue to campaign to protect Tasmania’s forests. We will continue to stand up for the most magnificent forests on Earth, and stop Gunns from trying to force its polluting pulp mill on the Tasmanian community.

Further Reading:

• Read more about the history the Gunns 20 case >>
• Gunns protest claim collapses
  (The Age online - 16 March 2009)
• The Wilderness Society wins 'David and Goliath' battle against Gunns
  (ABC online - PM on Radio National Transcript)
  
• Gunns Law Suit Against The Wilderness Society & Others
• Missing their mark
  (The Age - 19 March 2009)