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October 29, 2020
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Another Barrick Case Dismissed

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The Supreme Court today dismissed another application by Barrick Niugini Limited to stay the National Court Decision that had dismissed Barrick’s initial proceedings.

The National Court on September 1st 2020, dismissed a proceeding filed by Barrick Niugini Limited challenging the State’s decision to refuse Barrick’s Special Mining Lease for Porgera Gold Mine.

Barrick then appealed the decision in the Supreme Court.

Barrick also sought a stay order with the intention to stay the National Court’s Decision pending the outcome of the appeal before the Supreme Court.

The Supreme Court however ruled that the status quo remains and the stay order application dismissed.

Justice Colin Makail presiding over the matter noted that while Barrick has put forward some grave concerns regarding operations and security of the mine, the state has countered it with measures already put in place where to date, no major problem has occurred.

Solicitor General Tauvasa Tanuvasa further explained that this means the decision of the Deputy Chief Justice Ambeng Kandakasi in dismissing the National Court proceedings remain in force.

He added that Kumul Minerals Holdings Limited the new holder of the Porgera SML can proceed unhindered by a court order.

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