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Ewasse Landowners Association Incorporated v Hargy Oil Palms Ltd

País/Territorio
Papua Nueva Guinea
Tipo de la corte
Nacional - corte superior
Fecha
Ago 24, 2005
Fuente
UNEP, InforMEA
Nombre del tribunal
National Court of Papua New Guinea
Juez
Bialla
Kimbe
Cannings
Número de referencia
(2005) PGNC 86
Idioma
Inglés
Materia
Cuestiones jurídicas
Palabra clave
Procedimientos judiciales/procedimientos administrativos
Resumen
This case dealt with the requirements for a successful application for interim injunction. The plaintiff, a landowner group centred on a village located next to an oil palm mill and export facility, commenced proceedings aimed at shutting down the facility on environmental and public health grounds. The plaintiff sought an interim injunction, pending the hearing and determination of the substantive proceedings. He claimed that the defendant’s operations had polluted and caused environmental damage to the land and the sea surrounding the mill over many years. The court emphasized that when dealing with applications for interim injunctions it should consider three main issues: Are there serious questions to be tried? Does the plaintiff have an arguable case? Does the balance of convenience favour granting the injunction? Is an injunction necessary to do justice in the circumstances of this case? In the view of the court, the plaintiff was submitting that the action was based on breaches of a number of environmental statutes. However, it was not readily apparent what the cause of action was. The court should not have to speculate about this. It should be readily apparent from the originating process, the supporting affidavits and the submissions made in support of the application for interim relief. This made it difficult for the plaintiff to show that he had a serious case to be tried. The actual allegations of statutory breaches were vague and inadequately defined. It should have been pleaded which provisions had been breached and how they had been breached. Besides that, there was no evidence that the villagers were at imminent risk of serious risk or disease. They clearly had a grievance. However, if the injunction were granted this would create great inconvenience. Workers would be laid off; oil palm growers would be unable to sell their produce; the local economy would suffer a serious setback. In conclusion, the application for an interim injunction was refused.
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