High Court refuses to strike out a property development company's claim alleging that two individuals engaged in a "shakedown" to extort the company by filing numerous planning observations and appeals, the defendants having sought to have the action dismissed, arguing it was a Strategic Lawsuit Against Public Participation (SLAPP), intended to silence and intimidate them, on the grounds that: the action did not demonstrate sufficient indicia of a SLAPP or abuse of process at this stage, and that complex issues of fact and law, including the application of the Aarhus Convention, were more appropriately addressed at a full trial.
Strategic Lawsuit Against Public Participation (SLAPP) - extortion - planning process - property development - Aarhus Convention - High Court - strike-out motion - planning observations and appeals - abuse of process - full trial - amendment of statement of claim - reserved costs.