Michael Hodge KC with Claire Schneider represented the Defendant, instructed by Marque Lawyers.
The case involves several tortious claims, including unlawful and lawful means conspiracy, intimidation, and intentional interference with contracts. Adani Mining and Ors alleged that Pennings engaged in unlawful conduct to harm their business, including threatening contractors, causing them to withdraw from negotiations. Adani Mining and Ors sought an injunction to prevent future breaches of confidentiality by Pennings. Pennings sought to have the proceedings permanently stayed or struck out, or otherwise seeks to strike out parts of the Further Amended Statement of Claim (FASOC). Pennings also sought to set aside or permanently stay costs orders, and to discharge injunctive orders. The court held that various parts of the FASOC were to be struck out. However, the circumstances had not materially changed to justify setting aside the injunction, and the proceedings could not be permanent stayed or struck out.
The judgment can be read by clicking here