pre open, page-59

If the application is dismissed on 10 Oct, then all that is left are the two applications for review. This application seeks an injunction stopping Lynas using the TOL until the two review cases are heard. It is in effect an attempt to hit the pause button on Lynas. SMSL are saying that because of their alleged health concerns the minister's decision to dismiss the review of the TOL decision should be reviewed by the courts. That is why it is a judicial review- it is a court reviewing an administrative step taken whether by the minister. This is not an appeal of another court decision and neither are the two reviews.

Lynas will be arguing basically, let us operate the plant for now and let us have the fight down the track, there is no need to hit the pause button. I am not sure if the Kuantan High Court is the final court of appeal in the judicial review cases. If the High Court here dimsisses the injunction application on 10 Oct or soon afterwards, I am not sure if that finally disposes of the issue (i.e. the interim injunction). Having said that any appeal would be on a point of law I suspect so it would be harder to appeal and succeed in overturning the decision- not sure about that though.