Injunction issued against landowner

COURT documents reveal a Vuda landowner in Lautoka has threatened to dig out the petroleum pipelines owned by Mobil Oil.

In a judgement delivered on September 30, Justice A.L.B. Brito-Mutunayagam had issued an injunction stopping John Vaivao Fatiaki from carrying out the threat.

Mr Fatiaki is claiming $430,791 from Mobil Oil Australia Pty Ltd for using his land to pump petroleum products in and out for 13 years without giving him any rent.

“If the pipelines are dug out or damaged, the fuel will spill out before reaching the tanks and it is highly likely that it would cause an explosion resulting in loss of lives and substantial damage to the defendant’s and neighbouring properties,” said Justice A.L.B. Brito-Mutunayagam.

“The defendant (Mobil Oil) increased security as the plaintiff (Mr Fatiaki) was in a position to carry out his threat.

“This matter is of national importance as the pipelines supply the necessary fuel that Fiji depends on.”

Mobil Oil leased the land from Mr Fatiaki for the purpose of training its staff members on safe firefighting techniques from 1992 to January 31, 2008.

Mr Fatiaki claimed the purpose of the lease was not for the pipelines and filed his claim in March, 2020 – 12 years after the alleged claim arose.

“The overall ends of justice of this case requires that the interim reliefs granted continue until the serious questions raised are determined at the substantive hearing,” said Justice Brito-Mutunayagam.

The matter will be called before the court on November 14.