Ok Tedi Court Case 2001

This is the details of the court order on the 21st of December extending the injunction against BHP and Ok Tedi mining. Note that this also grants the right to subpoena information about the MCA's from BHP and OTML.

1. The plaintiff have leave to file and serve a Further Amended Summons substantially in the form of the plaintiff's draft Further Amended Summons dated 20 December 2001;

2. The final hearing of the plaintiff's Further Amended Summons be fixed for 11 February 2002;

3. Pending the hearing and determination of the plaintiff's further amended summons or until further order, the second defendant whether by its servants or agents or howsoever otherwise be restrained: --

a. From enforcing by legal action in any other jurisdictions any of the terms of the mine continuation agreements exhibited as "MP2" - "MP6" to their affidavits of Martin Paining sworn 13 December 2001 ("MCA's") against any group member (who was such member as at the date of execution thereof or is such a member) ("group member");

b. From taking legal action in any other jurisdictions in reliance upon any clause of the MCA's restraining any group member from proceeding from his further claims in this proceeding;

c. From making a demand of the group member that he or she execute in accordance with clause 13.1 of the MCA's, an opt-out notice in this proceeding;

d. From securing the entry into or execution of any agreement substantially in the form of the MCA's with any group member;

4. By 14 January 2002 all parties deliver to the prothonotary all opt-out notices in their possession, with leave granted to all parties to inspect those opt-out notices

5. By 21 January 2002 the plaintiff file and serve any further affidavits in support of his application on which he wishes to rely;

6. By 4 February 2002 the defendants file and serve any further affidavits in opposition to the said application on which they, or either of them, wishes to rely;

7. By 8 February 2002 the plaintiff file and serve any affidavits in reply;

8. By 8 February 2002 each party file and serve an Outline of Contentions;

9. 9:30 AM on 18 January 2002 be fixed as the time and place at which any notice to Produce or Subpoena is to be returned before the Honourable Justice Bongiorno

10. All deponent to all affidavits be available for cross-examination unless the party who has filed any affidavits is advised by all other parties that any particular deponent is not required for cross examination;

11. This order be drawn by the solicitor for the plaintiff and signed by a judge pursuant to rule 80.04 (1) of the Rules of Civil Procedure; and

12. Costs to be reserved.

Date authenticated: 21st day of December 2001