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Appleton injunction hearing adjourned until Wednesday

Published:Friday | March 4, 2016 | 3:45 PM

The hearing of an injunction obtained against Appleton Estates in St. Elizabeth has been adjourned to next Wednesday afternoon in the Court of Appeal.

Algix has filed a lawsuit against J. Wray and Nephew Limited accusing the company of causing a fish kill in the Black River that affected its business. 

J. Wray and Nephew Limited is seeking to get the Appeal Court to overturn the injunction obtained in the Supreme Court by Algix in January.

Attorney-at-law Paul Beswick today argued that there is clear and undisputed evidence that activities at the Appleton Estates in St. Elizabeth contaminated the Black River and caused a fish kill.

Beswick, who is representing fish producer, Algix Jamaica Limited, is opposing an application by Appleton’s owners, J Wray and Nephew Limited, which is seeking the overturning of an injunction placed on the factory.

The attorney submitted that the results of tests show that the extent of the contamination was over seven times the legal standard.

He argued that J. Wray and Nephew intends to continue activities at the factory despite failing to upgrade its plant.

According to Beswick, environment regulator, the National Environment and Planning Agency (NEPA), has not mandated the appellant to upgrade its plant and machinery before the start of the 2016 sugar crop season.

Beswick told the court that NEPA representatives have admitted that J. Wray and Nephew is not in compliance with Waste Water Regulations and that it has allowed it to continue to operate.

The attorney argued that there was no indication from NEPA of the provision of the Regulations which enables it to sanction the appellant’s non-compliance with the law.