reuter incorrect re 30th november, page-18

playtowin

If I may clarify:

1. SMSL will appeal the decision on 8th re the interim stay, this will occur in the Court of Appeals. They are trying to STOP the 1st feed from happening prior to the 2 JRs. They will continue to exhaust every avenue judicially to get an interim stay.

2. 30th Nov is for case management regarding the 2 Judicial reviews.

As posted by DrCu

http://www.nst.com.my/latest/court-rejects-another-application-to-freeze-lynas-ops-1.171018


KUANTAN: The High Court yesterday dismissed another application by three Kuantan residents for a stay to restrain the operation of the Lynas Advanced Materials Plant (LAMP) pending an appeal.

Judge Datuk Mariana Yahya said the court found that the issues brought up as justification for the application should be dealt with during the substantive stage of the judicial review proceedings.

"All these issues should be raised during the actual judicial review stage," said Marina to a packed courtroom.
The reasons were similar to the ones she gave on Nov 8 when dismissing a similar application by the applicants for a stay of the decision granting a temporary operation licence to the plant.

The applicants then filed an appeal against that decision at the Court of Appeal last Friday.

"The applicants submitted various reports (in support of the application) that have not been carefully scrutinised," she said in reference to the case laws and articles used by them to support their arguments.

"They failed to establish that they would suffer imminent harm," she said in reference to the contention by applicants Tan Boon Teet, 64, Syed Talin Syed Sulaiman, 60, and Hasimah Ramli, 44.

The grounds for yesterday's application were that the applicants and the environment would incur imminent harm beyond the recourse of monetary appeal should LAMP be allowed to operate.

"In fact, it is the third and fourth respondents (Lynas Malaysia Sdn Bhd and Lynas Corporation Limited respectively) that would suffer from the granting of the order," she said, adding that they may be crippled financially after having invested much time and money in the rare earth venture.


Mariana also ticked off the tendency of certain parties to keep resorting to interlocutory applications before the trial proper even begins.

"The judicial review is to be dealt with judiciously and not for one interlocutory application after another be made to the court," she said, fixing Nov 30 for case management.

The applicants had filed their judicial review application on July 18, naming the Atomic Energy Licensing Board (AELB) and the Ministry of Science, Technology and Innovation (Mosti) as the initial respondents.

On Nov 8, the High Court had allowed Lynas Malaysia and Lynas Corp to be added as third and fourth respondents in the judicial review proceedings for which trial date has yet to be fixed.

Counsel Datuk Bastian Vendargon Pius, Annemarie Vendargon, Gene Vendargon and Hon Kai Ping represented the applicants while AELB and Mosti were represented by senior federal counsel Shamsul Bolhassan, Noor Azzah Abdul Aziz and Nur Farhana Khalid.

Lynas Malaysia and Lynas Corp were represented by counsel Tan Sri Cecil Abraham, Sunil Abraham, Wong Kah Hui and Emily Chin.



Read more: Court rejects another application to freeze Lynas ops - Latest - New Straits Times http://www.nst.com.my/latest/court-rejects-another-application-to-freeze-lynas-ops-1.171018#ixzz2CC0gl0qJ

BTW Lynas have indicated that they expect the Judicial Reviews to be conducted in "a few months" as per Reuters 8th Nov.