Court dismisses logging agreement

 THE National Court has dismissed an application by a company to set aside a restraining order on a logging marketing agreement it had entered into.

Innovest Limited was ordered by Justice Derek Hartshorn in November 2010 not to make any dealings with Aria Vanu Timber Company Limited. 

He made the ruling after Tzen Pacific Limited complained that its logging marketing arrangement with Aria Vanu Timber had been affected.

Hartshorn ordered Innovest Limited to stay away from any dealings with Aria Vanu Timber. 

But the court was told that Innovest Limited in May 2013 obtained a logging licence from PNG Forest Authority and was again involved with Aria Vanu.

Innovest Limited asked the court to set aside the restraining order because it now had a logging licence. It said there had been a change of circumstances since the restraining order was issued.

Hartshorn refused the application, saying it lacked concise reference.

“The affidavits filed in support of the application do not show a defence on merit,” he said.

“The affidavits are primarily concerned with what can be described as changes in circumstances because of a new fact situation that has risen sometime after the default judgment and restraining order were entered and made.”

A contempt of court proceeding against Innovest Limited has been set down for hearing on March 13.