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Malewo v Faulkner

Country/Territory
Papua New Guinea
Type of court
National - higher court
Date
Nov 20, 2007
Source
UNEP, InforMEA
Court name
National Court of Justice
Seat of court
Port Moresby
Judge
Davani
Reference number
[2007] PGNC 150; N3357
Language
English
Subject
Water, Waste & hazardous substances
Abstract

The plaintiffs are villagers of the OK Tedi region and have sought various declaratory orders against the numerous defendants relating to the alleged negligence in allowing dangerous chemicals and waste from mining operations to flow into the river causing damage and injury to the environment and the occupants of the area.

The plaintiffs are claiming damages including exemplary damages of $US3.75 billion for damage to the environment and contamination of people and environment that would last for 200 to 4000 years. The plaintiffs claim that they are denied their customary riparian rights for the use and enjoyment of the OK Tedi river.

There were several issues with the approach taken by the plaintiffs in this case, in which the defendants successfully sought to have the case dismissed. Firstly, an originating summons is the incorrect mode of proceedings for this matter. Secondly, there was a failure to identify all the plaintiffs and the scope of each of the plaintiffs claim. As the matter was filed on behalf of 167 named others, but the scope of damage could include approximately 13,000 individuals. It is necessary for the court for all the plaintiffs to be individually identified for the court to determine each specific claim, loss and damage and to ensure that they have consented to the proceedings.

The third issue with this case was that the proceedings did not disclose a cause of action against the defendants, rather the plaintiffs sought a series of declarations, which do not provide for the nature of the claim made. Fourthly, there are no particulars relating to damages that have been allegedly suffered.

Fifthly, the plaintiffs have claimed erosion, flooding and poisoning has occurred but have failed to specifically identify the land or waterways which it claims have been polluted. Additionally, it claims devastation to all forms of life, flora and fauna in proximity to OK Tedi river, but have again failed to provide specificity.

As a result of the errors mentioned above in the plaintiff’s claim against the defendants, the whole claim was dismissed as the cause of action was not addressed, the claim was ambiguous and the defendant was not informed as to the actual plaintiff’s and their individual claims.

The solicitor for the plaintiffs, Narokobi Laywers was ordered to pay the defendant’s costs.

 

Full text
Malewo v Faulkner_PACLII.pdf
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