Adani has named two dead Australian war veterans in court documents alleging they were part of a conspiracy against the coalmining company.
The fourth version of Adani Mining’s claim against environmental activist Ben Pennings – which has been afoot for more than four years – now names Kokoda veteran and climate activist Bill Ryan as an alleged co-conspirator. Ryan died in 2019, aged 97.
“Why the hell can’t Adani leave Dad to rest in peace rather than drag us through this bullshit?” Ryan’s son, Colin, told Guardian Australia.
The Queensland supreme court struck out substantial parts of Adani’s claim last year, describing some elements as “confused and embarrassing”.
Adani’s allegations of a conspiracy – which accused Pennings of acting with “unknown conspirators” to disrupt the company’s contractors – were disallowed by Justice Susan Brown, who gave Adani leave to re-plead its case.
In its new filing – the fourth version of Adani’s statement of claim since launching the case in 2020 – the company has now named four alleged co-conspirators it says were involved in an agreement with Pennings to take part in direct protest action against contractor Downer Group in 2017.
Mike Fitzsimon (referred to in Adani’s claim as “Mike Fitzsimmons”), a Vietnam veteran who died in 2022, is listed as a co-conspirator alongside Pennings and Ryan.
The other alleged co-conspirators named by Adani are elderly Vietnam veteran Maurice Tolley and “Donna Smits”, whose name also appears to be misspelled in the document. They were named in court documents, but only Pennings is being sued by Adani.
“Dad had a tough life, served his country in war and tried to protect us all [with his climate activism],” Colin Ryan said.
“He died a hero to thousands but now I have to tell the grandkids and great-grandkids he’s part of some Adani conspiracy theory in the supreme court.”
Pennings said Ryan and Fitzsimon were “heroes, dedicating their final years to protect us from climate breakdown”.
“I’m not sure what’s happened that’s led Adani to pick them out now, years after they have passed away. It is just another twist and turn in this harrowing five-year saga.”
The company said in a statement that its legal proceedings were “solely against Mr Pennings”, and that other alleged co-conspirators were “simply named in our evidence of Mr Pennings’ activities”.
“Any attempt by Mr Pennings or Mr Ryan’s family to suggest otherwise is incorrect and speaks to the way Mr Pennings has conducted himself throughout this case,” the statement said.
“We make no apologies for protecting our rights and the rights of hard-working Queenslanders to go about their legal and legitimate work.”
Adani said its amended pleadings presented a “strong case” against Pennings, including that he sought to disrupt the operations of the Carmichael coalmine, its suppliers and contractors.
Justice Paul Freeburn published an interlocutory judgment in the case in March, establishing a timeline for Pennings to file an amended defence. He said the case appeared to be “making no real progress towards a trial”.
“And so, some four-and-a-half years into the litigation, the plaintiffs have recently filed and served their fourth version of the statement of claim and now expect, by their proposed directions, a further amended defence, a reply and a regime for particulars and disclosure,” Freeburn said. “This is in respect of events that occurred between 2015 and 2020 – that is, between five and 10 years ago.
“The proceeding has not languished through a lack of resources. The judgment of Brown J in December 2024 explains that a costs statement prepared by the plaintiffs, in respect of some costs orders in favour of the plaintiff, claimed $1.1m.
“That was described by Her Honour as a ‘startling amount’ given the applications occupied less than two days [of] hearing time, albeit with some level of complexity.
“On any view, the litigation has consumed large slabs of the parties’ resources and the court’s resources. It is hard to escape an overall impression that the parties are mired in the trenches of interlocutory warfare.”
Adani claimed Pennings had “spent years trying to delay these civil legal proceedings from going to trial”.
