PNG Court allows Barrick Niugini Ltd to be party in mine case

The Papua New Guinea's  National Court has allowed Barrick Niugini Ltd to be added as a party in a case concerning a warden hearing for the Porgera mine in Enga.
Justice Derek Hartshorn ruled that although no relief was sought against Barrick, it was satisfied that Barrick was the holder of 19 tenements, including exploration licences EL454 and EL858 relating to the Porgera mine.
“To ensure that all matters in dispute in the proceeding may be effectually and completely determined and adjudicated upon, I am of the view that it is necessary that Barrick be joined as a defendant to the proceeding,” Justice Hartshorn stated in a seven-page judgment.
The court also ordered the plaintiffs, Justice Foundation for Porgera Ltd (JFPL) and others to pay the costs of the defendants and Barrick (Niugini) Ltd of and incidental to the notice of motion Barrick had filed on March 27.
JFPL filed its case in the National Court in 2018 claiming declaratory relief concerning a warden hearing conducted by mining warden for the Mineral Resources Authority Wapi Kopi on Sept 27, 2018, in Porgera.
The warden hearing was conducted pursuant to section 108 of the Mining Act 1992.
JFPL had also sought permanent injunction restraining Kopi from presiding over and conducting any warden hearing in respect of an application of extension of exploration licence EL 858 and EL 454.
The National Court had earlier refused an application by Barrick to be joined to the case.
JFPL then filed a notice of motion seeking to amend its originating summons to claim among others, an additional declaration concerning the administration of all mining leases, exploration licences, permits and tenements involving the Porgera gold mine and the Porgera region from Jan 1, 2018.
It had also sought restraining the MRA and others from dealing with 19 listed tenements and for them to produce certain documents.
Kopi, MRA and the State are the other defendants in the case.

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