Tarsie v Ramu Nico Management (MCC) Ltd

COURT OR TRIBUNAL

Papua New Guinea National Court of Justice

DATE FILED (OR FIRST HEARING DATE)

19/03/2010

LITIGATION TYPE

Project Approval - Mitigation

SUBJECT MATTER

Coal mine

REVIEW TYPE

N/A

SUMMARY

(Catchwords)

INJUNCTIONS – interim injunctions – application to discharge – whether change in circumstances and conduct of parties warrants discharge of injunction. See at [16] : I have considered all of the evidence presented by MCC. However, I am not persuaded by that evidence to conclude that if the DSTP is not constructed immediately, construction cannot begin until April next year. That proposition of fact is based on the non-scientific opinion of Dr Shou and his assessment of when the wet season begins in Basamuk Bay, when the winds and ocean surges come and go and other meteorological and oceanographic assessments that I do not consider he is in a position to make. Mr Scerri asked me to take judicial notice of these things but I am in no position to do so. If I were inclined to take judicial notice of anything it would be that these days weather patterns seem difficult to predict and some people are saying that this is due to climate change.

CASE DOCUMENTS

Tarsie v Ramu Nico Management (MCC) Ltd [2014] PGNC 320