20 Jun 2008
NUKU V ORIGIN ENERGY RESOURCES (KUPE) LTD HC AK CIV 2008-404-003607
- Citation
- openlaw-bf44cea9_31c1_4aea_bd7b_465002635063.pdf
- Court
- High Court
The plaintiffs have not established a serious question to be tried: the land was proclaimed and vested as a public road under the Native Land Act process rather than compulsorily acquired under the Public Works Act; there is no arguable pleaded trust; the proposed easement does not, on the facts, trigger offer-back under s40 because the road remains and the pipeline supports the road; extensive consultation and mitigation measures were taken; balance of convenience and national interest favour the defendant. Consequently the interim injunction is dismissed.