Gunns 13 – Gunns likely “Misleading and Deceptive” on pulp mill old growth wood

The Gunns13 received a major boost in their court case against Gunns today. 11 of the 13 sued by Gunns over their peaceful protest at the Triabunna woodchip mill in December 2008 have pursued a Trade Practices Act case against Gunns Limited and their spokesperson Calton Frame. The case alleges that Gunns and Frame have ‘mislead and deceived’ the public over claims that no old growth forests or logs will be used in their proposed Tamar pulp mill.

Associate Justice Holt determined that “on the present state of the pleadings, the plaintiffs will establish that the admitted representations were misleading and deceptive or likely to mislead and deceive….if the Court accepts that the representations were as to a future matter.”

Associate Justice Holt, at the document discovery hearing, ordered that Gunns’ spokesperson Calton Frame submit to document discovery. Further document discovery could be made against Gunns regarding whether old growth trees or forests will be used in the mill.

“This a major boost for us. Gunns have arrogantly attempted to bluff their way through this case. Serious questions have been raised as to whether Gunns can legitimately claim that no old growth will be used in their Tamar Valley pulp mill,” said Gunns13 spokesperson Warrick Jordan.

“Gunns have stated that the mill will now be 100% plantation based. Gunns, however, has maintained their Labor supported wood supply deal with Forestry Tasmania, which despite the rhetoric locks in old growth forest destruction. Gunns are also planning to burn up to 500,000 tonnes of old growth forest per year in the pulp mill’s woodchip fired power station,” said Warrick Jordan.

“Gunns’ deception appears a desperate attempt to hoodwink the Tasmanian public and potential investors into thinking Gunns are environmentally and socially responsible,” Warrick Jordan said.

“Gunns’ attempts to achieve Forest Stewardship Council certification hinge on a transition to a sustainable, largely plantation-based wood supply. Without that certification, their Japanese markets will collapse. Given their current financial desperation it stands to reason that Gunns would attempt to mislead the community into thinking that they operate sustainably,” Warrick Jordan said.

Download Associate Justice Holt’s decision:
Gunns13_Gunns_case_TPA_18.03_.2009_.doc
Warrick Jordan