Hoping we’ll be sticking to the legal argument, which is essentially that STO and the Expert did not take all facts into consideration. They did, it’s just that the points were not considered adequately substantial. The regulator, I presume, would also be able to take the prosecution’s claim into consideration and they’d deemed it lacking substance.
I’d imagine that the court would be looking at the evidence itself and credibility of the claim. Right, here we go, the court is now going to play the role of the regulator? I don’t think so. They will look to see that equitable and just process was followed and all the evidence and positions were considering. It’d be a difficult task for the prosecution to say it wasn’t but we’ll need to see their angle on Monday.
Disappointing that it’s so easy to disrupt a mega-project by way of injunction. While politically sensitive and should STO win, awarding costs on the prosecution should be a must and STO lodging a counter claiming would serve as a big deterrent. I think the latter should be given due consideration by the industry as the ‘protestors’ have too easy access to be disruptive, and they do. (See Woodside experience)
I not of the cloth but I pray that common sense will prevail…
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