Data source
Date of text
27 Aug 2010
Country
Seat of court
Honiara
Type of text
National - higher court
Reference number
Civil Claim No. 282 of 2010
Court name
High Court
Justice(s)
J. CHETWYND
Sources
InforMEA
Keywords
Access to justice, Conservation, forest biodiversity

The ruling concerned a claim for an interim injunction. The claim was for the first and second defendants, Success Company Ltd. And Xiang Lin Timber Ltd, to be prevented from entering and logging on land above 400m. The claim was also for them to be prevented from logging on other land until a valid development consent had been issued or granted under the Environment Act 1998.

The Court had to answer two different questions. First, whether the claimant has locus standi, and second whether the interim orders should be granted.

The Claimant was the Kolombangara Island Bio-Diversity Conservation Trust Board, a non-governmental organisation formed by indigenous landowners to protect the biodiversity of  Kolombangara Island. The Court first stated that the locus standi was dependent on the claimant having sufficient interest in the subject matter of the proceedings. It moreover established that the order sought had a clear connection to conservation. It was concluded that all NGOs with conservation as an objective would not be granted standing, but in this case where the aim was specifically to promote conservation in the relevant area, the Court found that the claimant had sufficient interest.

To answer the question on whether the interim orders should be given, the Court stated that it did not have to deal fully with the merits of the case. Thus it was enough to establish that there were serious issues to be tried and that it was likely that the defendants were engaging in logging above 400m without express approval of the Commissioner of Forests.

Finally the Court concluded that the claimants were entitled to the interim orders set out in the application.