Three Kuantan residents have failed their bid to obtain a stay of the government’s decision to issue the temporary operating licence (TOL) to Lynas Malaysia Sdn Bhd.
In a unanimous decision today that dismissed their application, a three-member bench at the Court of Appeal upheld the Kuantan High Court decision on Sept 8 as “correct in fact and in law".
The court ordered costs of RM20,000 to be paid. Half was awarded to jointly to Lynas Malaysia Sdn Bhd and Lynas Corporation, with the balance to the science, technology and innovation minister and the Atomic Energy Licensing Board.
Justice Ramly Ali headed the bench which also comprised Justices Azhar Mohamed and Aziah Ali.
Justice Ramly explained that an appellate court’s function is not to interfere with the discretionary power of a lower court unless a judge has wrongly applied the law.
"The (High Court) judge was correct in law and fact, (thus) we have no valid reason to dismiss the decision," he ruled, after hearing submissions from all parties.
In a unanimous decision today that dismissed their application, a three-member bench at the Court of Appeal upheld the Kuantan High Court decision on Sept 8 as “correct in fact and in law".
The court ordered costs of RM20,000 to be paid. Half was awarded to jointly to Lynas Malaysia Sdn Bhd and Lynas Corporation, with the balance to the science, technology and innovation minister and the Atomic Energy Licensing Board.Justice Ramly Ali headed the bench which also comprised Justices Azhar Mohamed and Aziah Ali.
Justice Ramly explained that an appellate court’s function is not to interfere with the discretionary power of a lower court unless a judge has wrongly applied the law.
"The (High Court) judge was correct in law and fact, (thus) we have no valid reason to dismiss the decision," he ruled, after hearing submissions from all parties.
The residents - Tan Boon Teet, 64, Syed Talib Syed Sulaiman, 60 and Hasimah Ramli, 44 - had applied for an interim stay on the TOL pending the hearing of their application for a judicial review on Feb 5, 2013.
In their judicial review application, the residents are seeking to quash the AELB’s approval of the TOL on Jan 30, as well as the minister’s decision to disallow an appeal by the residents against this decision.
Submissions in court
Bastion Pius Vendargon, who represented the residents today, maintained in court that the Lynas plant poses a threat and a real risk to the 700,000 people in Kuantan and the surrounding area, in terms of their livelihood and the environment.
He argued that a stay is necessary to prevent irreversable damage to life and health, as any damage done cannot be offset with a cash compensation.
Senior federal counsel Shamsul Bolhassan, who represented the minister and the AELB, questioned how a stay could be imposed.
"It is impossible for the AELB and the minister to stay what has been transfered to both the Lynas companies," he submitted.
Senior lawyer Cecil Abraham (left), in his submission on behalf of Lynas, said the residents’ undertaking was "worthless".
"They are asking for an injunction to stop the operations (of the plant). They gave us an undertaking (that is) worthless," he said, noting that the residents are in no position to give an undertaking to a business worth hundreds of millions of ringgit.
The undertaking is to cover any losses that Lynas incurs because of the legal action.
Vendargon rebutted this, saying that Lynas has exaggerated its estimate of losses - at RM2 million - in the event the judicial review goes against the company.
He pointed out that the company would still have its plant in Gebeng, the Mount Weld mine in Australia and other operations and facilities.
Urging the court not to impose costs, Vendargon said the case relates to public interest and protection of the residents’ rights.
Tan (left) later admitted that he is disappointed with the ruling and order to pay costs, but said he considers this a minor setback for the anti-Lynas movement.
"We will not appeal, as the judicial review hearing is two months away. It's pointless (to appeal)," he added.
In their judicial review application, the residents are seeking to quash the AELB’s approval of the TOL on Jan 30, as well as the minister’s decision to disallow an appeal by the residents against this decision.
Submissions in court
Bastion Pius Vendargon, who represented the residents today, maintained in court that the Lynas plant poses a threat and a real risk to the 700,000 people in Kuantan and the surrounding area, in terms of their livelihood and the environment.
He argued that a stay is necessary to prevent irreversable damage to life and health, as any damage done cannot be offset with a cash compensation.
Senior federal counsel Shamsul Bolhassan, who represented the minister and the AELB, questioned how a stay could be imposed.
"It is impossible for the AELB and the minister to stay what has been transfered to both the Lynas companies," he submitted.
Senior lawyer Cecil Abraham (left), in his submission on behalf of Lynas, said the residents’ undertaking was "worthless"."They are asking for an injunction to stop the operations (of the plant). They gave us an undertaking (that is) worthless," he said, noting that the residents are in no position to give an undertaking to a business worth hundreds of millions of ringgit.
The undertaking is to cover any losses that Lynas incurs because of the legal action.
Vendargon rebutted this, saying that Lynas has exaggerated its estimate of losses - at RM2 million - in the event the judicial review goes against the company.
He pointed out that the company would still have its plant in Gebeng, the Mount Weld mine in Australia and other operations and facilities.
Urging the court not to impose costs, Vendargon said the case relates to public interest and protection of the residents’ rights.Tan (left) later admitted that he is disappointed with the ruling and order to pay costs, but said he considers this a minor setback for the anti-Lynas movement.
"We will not appeal, as the judicial review hearing is two months away. It's pointless (to appeal)," he added.
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