The Supreme Court of Fiji has refused to set aside a judgement of October 20, 2022 that found Total (Fiji) Ltd had contaminated a piece of land and was liable to pay damages for pollution.
Ramendra Prasad, who operated a service station in Sawani had taken Total (Fiji) Ltd to court after fuel leakage was detected in July 2008.
The Supreme Court, in its October 10 ruling, had stated some 60 to 80 litres of fuel would leak every day down a slope and into a drain by the side of the road.
“No precise date could be ascertained for that, though it looks from a letter dated 31 July, 2008 from Total to Mr Prasad that he had first reported the leakage to Total on 19 July, 2008,” the Supreme Court had stated.
“Total agreed to fix the problem. Total thought that the problem was with one of the joints in the pipe from the premix tank and repaired the elbow joint in the premix pipe.”
“Its case was that once that had been repaired, there was no leakage of fuel thereafter.”
The Supreme Court had ruled this was a pollutant incident under the Environment Management Act 2005 and had ordered Total (Fiji) Ltd be assessed to pay quantum of damages to Mr Prasad.
That damage will now be assessed by the Master of the High Court after the Supreme Court, on April 5, refused to set aside that judgement of 2022.
Justice Anthony Gates, Justice Brian Keith and Justice Madan Lokur delivered the April 5 judgement.
