Concord Pacific Limited and Paiso Company Limited v Thomas Nen—Managing Director—Papua New Guinea Forest Authority and The Independent State of Papua New Guinea (2000) N1981

• Jurisdiction: Papua New Guinea
• Court: National Court
• Citation: [2000] PNGLR 47
• Date: 31 July 2000
• Year: 2000

Full Title: Concord Pacific Limited and Paiso Company Limited v Thomas Nen—Managing Director—Papua New Guinea Forest Authority and The Independent State of Papua New Guinea (2000) N1981

National Court: Sheehan J

Judgment Delivered: 31 July 2000

1 Charge of Contempt—ruling.

2 Yap v TS Tan [1987] PNGLR 227, Hadkinson v Hadkinson [1952] 2 All ER 567, Chuck v Cremer (1846) 47 ER 820, Stancomb v Trowbridge UDC [1910] 2 Ch 190 referred to

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The first Defendant Mr Thomas Nen the Managing Director of the Papua New Guinea Forest Authority is charged with acting in contempt of a Court order.

The essential facts are that this Court on 26 November 1999 issued interim orders restraining the Defendants from closing the operations of the Plaintiff companies and or restricting of logging and roading prescribed under a Timbers Authority issued under the Forestry Act 1991. The specific terms of that order are:

“1. The Defendants named herein, their agents or servants or such other persons are restrained from doing anything or taking actions or making any omissions which would have the effect of preventing the First and Second Plaintiff from undertaking any road construction work on Aiambak–Kiunge road Project pursuant to Timber Authority No. 024.

2. That the First and Second Plaintiffs be allowed to operate under the Timber...