Smith, chairman of the Climate Change Iwi Leaders Group, argues the corporates are liable for public nuisance, negligence or another tort known as Rylands v Fletcher.
He is also taking another claim against the Government on a similar basis, which is at an early stage.
The seven corporates have sought to strike out the claim early, saying that there is no viable case worth even going to trial.
They began their arguments this morning before Justice Ed Wylie in a proceeding expected to take two days.
Wylie was treated to a brief history of tort law by Fonterra lawyer Daniel Kalderimis.
“The building blocks of tort law are missing from this claim.”
The claim has an air of unreality, he said.
Climate change litigation is increasing but Smith wants policy outcomes and he can’t prove an inherent tort.
Kalderimis said the anticipated effects Smith is pleading are not clear and as the case is in his name and not on a representative basis he can’t show he will be worse off than others.
“If any contribution to climate change is enough to cause the plaintiff’s loss then we are all responsible,” the Chapman Tripp partner said.
An hour into the hearing Wylie paused proceedings to disclose a trust he is beneficiary of has a few thousand shares in Genesis.
While he believes it is not necessary for him to recuse himself the lawyers should ask their clients if they should keep going.
Smith’s lawyer Davey Salmon his client is at Waitangi but the hearing should keep going and he will check.
Salmon was forced to sit in the jury box as lawyers for the seven defendants filled three rows of seats. The 16 seats in the public gallery were also full.
The proceeding continues. – BusinessDesk
