The Cook Islands High Court has denied an application by landowners for an interim injunction against Apex Agencies over its Toa Petroleum depot and tank farm.
The Chief Justice Tom Weston heard submissions from Tim Arnold on behalf of hundreds of landowners, who are being represented by Philip Nicholas, and from New Zealand barrister Paul Dale on behalf of Apex Agencies.
Landowners were seeking an interim injunction to remove Apex Agencies from its land ahead of the expiration of its lease on April 30.
Alleging that Apex Agencies owes between 202,000 and 283,000 US dollars in rental arrears the landowners requested that the court enforce the "non-removability" of Apex assets until all payments are made.
Justice Weston said the injunction would be directly inconsistent with the terms of the lease.
The rental claim will be dealt with in due time in land court.
