Kula Oil Palm Ltd v Tieba

COURT OR TRIBUNAL

Papua New Guinea National Court of Justice

DATE FILED (OR FIRST HEARING DATE)

30/12/2020

LITIGATION TYPE

Project Approval - Mitigation

SUBJECT MATTER

Other

REVIEW TYPE

N/A

SUMMARY

(Catchwords)

CLIMATE CHANGE – greenhouse gas emissions – contributing factors - only point of focus, discussion and action required – mitigation and adaptation – impact of human activity oil palm industry – nature of - taking judicial notice of – deforestation – 20% contribution globally to greenhouse gas emissions - Roundtable Sustainable Palm Oil (RSPO) – buffer zone within plantation for flora and fauna – priceless and irreplaceable asset – need to protect - courts or the judiciaries duties – readily grant orders enforcing the global resolve for climate change mitigation and adaptation on prima facie case of adverse human activity – onus on defendant to establish to the court’s satisfaction its alleged activity not producing any greenhouse emissions or any produced is within acceptable limits - application aimed at preserving and preventing further destruction of large scale commercial plantations buffer zones for native flora and fauna – action by squatter and or trespasser – damage to local flora and fauna and environmental damage and harm irreparable - injunction granted.

INJUNCTION – principles governing – evidence establishing all factors being met – climate change mitigation and adaptation – courts or the judiciary’s duty – ready grant of injunctive orders to enforce climate change measures or mitigation and adaptation – onus on defendant to prove no greenhouse gas emissions or emissions within acceptable levels – courts duty includes power to order remedial action – defiance by defendants of
repeat requests to stop their activities - defendants making claims without evidence – claims found against defendants – interim injunction with costs granted against the defendants.

CASE DOCUMENTS

Kula Oil Palm Ltd v Tieba [2021] PGNC 611