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Lawyers for Forests Inc filed proceedings in the Federal Court against the Environment Minister and Gunns Limited. The trial concluded on 19 June 2008. LFF appealed the decision. Judgment was delivered in September 2009.
During the course of the trial, the Court ruled that LFF did not have to pay security for Gunns’ costs after Gunns asked the Court to do so. It was a landmark decision, supporting public interest litigation. The decision can be read here.
LFF is extremely grateful to its supporters for their financial assistance which allowed the case to proceed.
There is currently another pulp mill case on foot. It is in the Supreme Court of Tasmania and has been brought by the Tasmanian Conservation Trust. Gunns was required by law to have “substantially commenced” its proposed pulp mill project by the end of August 2011. TCT is asking to Court to determine that the project had not substantially commenced by that time. If TCT is successful, there will be no approval of the proposed pulp mill and it cannot proceed. It is currently unknown when the Court will make the decision, but at this stage, the Court found that TCT has an arguable case in the course of refusing Gunns’ application for security for costs (again!).