The Queensland High Court has dismissed substantial parts of Indian mining giant Adani’s case against environmental activist Ben Pennings, describing some of the company’s claims as “confusing and embarrassing”.
Speaking outside court on Friday, Pennings said he was “extraordinarily relieved” by the sentence, but that the case remains ongoing. Adani has until February to re-defend the sections of his claim that were rejected by Judge Susan Brown.
In a lengthy published ruling, Brown dismissed Adani’s allegations that Pennings’ “demands and threats” had ultimately caused two companies – Greyhound and Downer – to withdraw from contracts to provide services to the Carmichael mine.
Brown called Adani’s allegations regarding Greyhound “embarrassing” because they did not demonstrate a “causal link” between Pennings’ alleged demands and threats and the bus company’s decision to withdraw from negotiations.
In relation to Downer, Brown found that Adani’s claim was “inconsistent with the evidence presented to the court”, that there were “a number of concerning aspects” about the claim and that it had considerable weaknesses.
Friday’s sentencing followed a hearing in January where Pennings’ lawyers argued that Adani’s actions amounted to an “abuse of process.”. Adani had argued that there were “sufficient factual grounds” to support his claims.
Brown did not consider the case to be an abuse of process and as a result will allow Adani to file a new statement of claim in February.
Related: Adani coal mine in Queensland is a threat to important wetland, say indigenous groups and scientists
The court ruled that a costs order, made by the court against Pennings after a preliminary hearing in 2021, will be stayed until the conclusion of the proceedings.
The case began in 2020, but has progressed slowly: in more than four years it has not gone beyond the pleadings stage.
In 2020, Adani made a failed request conduct an unannounced search of the Pennings family home, looking for possible evidence that he had obtained confidential information related to the Carmichael coal mine.
Court documents in that case detail that Adani hired a private investigator to surveil the activist and his family members, including taking photographs of him walking his nine-year-old daughter to school.
Adani then filed a civil suit against Pennings, the national spokesperson for the Galilee Blockade group, alleging that he attempted to disrupt the operations of the carmichael coal mineits suppliers and contractors.
In 2023 Adani abandoned part of his claim that Pennings had illegally accessed secret information.
Michael Hodge KC, representing Pennings, told the court in January that this had been the miner’s “main cause of action” and that the remaining elements of his case were “embarrassing”, “incredibly weak” and “highly problematic”.
Speaking outside court after the sentencing, Pennings said: “I left court a very, very happy man.
“The case is not completely over. But the vast majority of the accusations against me have been dismissed.
“I am extraordinarily relieved that after four and a half years the judge has dismissed a series of charges that we have always maintained were spurious and undemocratic…against a peaceful protester.
“It has lasted four and a half years. The guy who finally takes it against me is worth $100 billion. I don’t have (that). “I have very little.”
In a statement, Adani Mining said the company welcomed the decision to “reject anti-coal campaigner Ben Pennings’ request to have our civil legal proceedings against him dismissed.”
Related: ‘Abuse of process’: Activist Ben Pennings seeks to have Adani case dismissed by courts
“We commenced these civil proceedings against Mr Pennings in 2020 to enforce our rights and enable employees and contractors at our Carmichael mine, near Clermont, central Queensland, to carry out legal and legitimate business activities free from intimidation and harassment.
“Mr Pennings had asked the court to dismiss the case. He also asked the court to lift the injunction against him preventing him from threatening our contractors and employees. Judge Brown denied both requests and the injunction remains in effect.
“Pennings has completely or largely failed at every stage of the civil court process since they began. The matter is expected to go to trial in 2025.”