Federal Court appeal against Adani is on track
Posted 11 Jan 2019 11:00AM
From Adrian Burragubba, Murrawah Johnson & Linda Bobongie
for the Wangan and Jagalingou Traditional Owners Family Council, 20 December 2018
Friends, we did it!
With your backing, we fought off Adani’s effort to knock us out of the courtroom.
Our court case against Adani will proceed. Our fight goes on. Thank you so much!
In the Federal Court on Tuesday, we beat back Adani and their high-priced legal team.
The judge ruled that Adani’s demand for $160,000 was “disproportionate and unpersuasive”. Instead, we have to put forward $50,000, a figure we can cover thanks to the incredible solidarity of our many supporters, who responded generously in the face of this serious threat.
We have held our ground, and together we thwarted Adani’s bid for a “guillotine order” to get us out of the way. This means our court case to throw out Adani’s ‘rent-a-crowd ILUA’ goes on. Our campaign to protect our ancestral lands and waters is as strong as ever.
Adani’s determination to knock us out has backfired: we are still in the fight - strengthened with even more public support - and their maneuver has put off the case until May next year, causing them even further delays.
And even better, the judge upheld our appeal to the full bench of the Federal Court, saying there is an “arguable case of error” in the decision of the primary judge. It’s what we had hoped to hear.
Our legal challenges are exacting and we have faced an uphill battle for four years, made more difficult by Adani’s relentless bullying, and the piling on of legal costs designed to make us fold. It's not working.
We are still in the way of Adani building its catastrophic mine. We are confident in our arguments, and sure of the rightness of our cause. We know Adani does not have our consent and never will.
But we will have to work doubly hard next year to hold them off. The pressure from them will be immense as they try to forge ahead; and they have added, yet again, to the cost burden we carry. We will still need your ongoing moral and financial support as we battle to prevent our country being smashed for coal.
Thank you again for standing in solidarity with us, as we stand for the rights of our people to keep our country intact and to protect our culture and law.
PS -- please share these links to encourage others who care about land justice to donate to our Defence of Country fund, to purchase the “Adani, No Means No” t-shirt, or to join our fight.