Guest guest Posted July 14, 2006 Report Share Posted July 14, 2006 Court win over whalers AAP July 14, 2006 CONSERVATIONISTS will seek an injunction against a Japanese company to stop it slaughtering whales in Australian waters after a successful appeal in the Federal Court. Humane Society International (HSI) has been fighting in the Federal Court to prevent the company, Kyodo Senpaku Kaisha Ltd, hunting whales in Australian protected waters near Antarctica. HSI estimates the company has killed well over 850 minke whales within the Australian Whale Sanctuary since 2000, with the conservation group launching legal action in 2004. But in May last year Justice James Allsop refused the group permission to proceed with the case, after federal Attorney-General Philip Ruddock raised concerns it could spark a diplomatic incident between Australian and Japan. But today the full bench of the Federal Court overturned that decision by a majority of two to one. The court ruled that the HSI should be able to take action to seek an injunction to stop the Tokyo-based company. Chief Justice Michael Black and Justice Ray Finkelstein said in their judgment that too much consideration was given to Mr Ruddock's concerns. " We are also persuaded that the primary judge was in error in attaching weight to what we would characterise as a political consideration, " the judgment said. " It may be accepted that whilst legal disputes may occur in a political context, the exclusively political dimension of the dispute is non-justiciable. " The HSI said it would now ask the court to declare the company's activities illegal under Australian law and issue an injunction for the hunt to be stopped. http://www.news.com.au/story/0,10117,19785436-29277,00.html Quote Link to comment Share on other sites More sharing options...
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