A second group of residents from Kuantan today withdrew their appeal against a High Court’s decision in allowing Lynas Corporation Limited and Lynas Malaysia Sdn Bhd to intervene in their judicial review application on the issuance of temporary operating licence (TOL) to operate the Lynas plant in Gembeng, Kuantan.

The residents - Mohamed Taufiq Teng Abdullah, G Santha, G Ponusamy, Idrus Awang, Ou Dai Foo, Zaharah Awang and Chong Kong Yuen - withdrew their appeal following the Court of Appeal’s dismissal of the appeal of the first group of residents on a similar intervener application.

A three-member panel chaired by Justice Mohd Hishamudin Mohd Yunus struck out the appeal and did not order the residents to pay legal costs to Lynas Corporation and Lynas Malaysia.

Justice Hishamudin accepted the submission by the residents’ counsel Bastian Vendargon who said the appeal was a public interest litigation and the residents should not be ordered to pay costs for withdrawing the appeal.

Justices Anantham Kasinater and Mohamad Ariff Md Yusof  were the other two judges on the panel.

Bastian had earlier submitted that this matter was a fit and proper case for the court not to order cost and he referred to a Singapore Supreme Court authority in Vellama d/o Marie Mathew vs Attorney-General which states that there should not be costs in public interest litigation.

He said that the Court of Appeal on April 22, this year in dismissing the appeal brought by the first group of residents against a High Court’s decision to allow the two companies to intervene, did not order the residents to pay costs.

Earlier,  counsel Wong Kah Hui, representing Lynas Corporation and Lynas Malaysia, told the panel that he was instructed to request for costs of RM10,000 as preparation for the appeal  was done involving 12 bundles of documents.

Senior federal counsel Muzila Mohamed Arsad representing the science, technology and innovation minister and the Atomic Energy Licensing Board did not seek costs.

Mohamed Taufiq and six others had filed leave to commence  a judicial review application seeking to challenge the decision of the science, technology and innovation minister and Atomic Energy Licensing Board to issue the TOL to Lynas.

However, the High Court in Kuantan had on Jan 29 this year denied the residents leave to commence the judicial review and their appeal is scheduled for hearing at the Court of Appeal on Aug 19.

- Bernama