by Georgina Maka’a

A High Court judge has refused to lift an injunction stopping Malaysian logging company Sunrise Investments Limited from further harvesting and exporting tubi from customary land in Isabel.

Justice Michael Pitakaka ruled that the interim orders, which the court issued in March this year,  must remain in place while the court determines the wider legal dispute over Sunrise’s harvesting activities on Korona land.

However, Justice Pitakaka has allowed the company to export tubi logs already harvested and stored at the Lelegia log pond. Proceeds from the sale will be held by lawyers until the matter is determined.

The ruling was delivered recently in proceedings brought by Edward Waiwaki of the Attorney-General’s Chambers on behalf of the Commissioner of Forests in March.

In the March ruling, Justice Pitakaka issued interim orders halting the export of approximately 624 cubic metres of unauthorized tubi logs loaded onto the vessel MV Eternal Joy (Voyage 2601).

According to court documents, Sunrise holds Felling Licence No. A101741 over Korona customary land on San Jorge. But the licence only permits the harvesting of commercial species other than tubi. 

Although a Gazette Notice in September 2025 approved the company to harvest and export tubi under specific conditions, and the Commissioner initially approved export applications (FD No. 020/2026 and FD No. 021/2026) in January 2026, the approvals were quickly revoked after it was discovered the shipments included unauthorized tubi logs.

The Commissioner subsequently issued a show cause notice and initiated steps to cancel the felling licence and confiscate the logs. 

Sunrise’s lawyer, Wilson Rano, had asked the court to discharge the injunction and seizure orders against his client.

Rano argued that Sunrise Investment had the necessary approvals to harvest and export tubi.

But Waiwaki disputed this, arguing that Sunrise was also required to comply with the Forest Resources and Timber Utilisation Act and its regulations.

The dispute centres on whether Sunrise’s approvals legally authorised the harvesting and export of tubi.

Justice Pitakaka said the competing arguments raised “substantial questions of law and fact” that must be determined at trial.

The judge therefore declined to remove the interim orders.

Justice Pitakaka also rejected Sunrise’s arguments that the High Court lacked jurisdiction to continue the injunction.

He further rejected claims that Waiwaki of the Attorney General’s Chambers  had failed to disclose material information when obtaining the original orders.

Rano also argued that the absence of an undertaking for damages justified lifting the injunction.

The court rejected that argument.

Owner of Sunrise Investment Ltd, Malaysian Richard Song Sing Ngea, was previously fined SBD$50,000 after pleading guilty to the illegal harvesting, possession and attempted export of restricted tubi specimens in 2020.

At that time, Sunrise entered Korona customary land and felled trees, including tubi.

More than 9,000 cubic metres of round logs were reportedly felled, extracted and taken to the company’s log pond for preparation for export. 

Despite Ngea’s guilty plea and fine, the then Sogavare government decided to allow the Malaysian logger to eventually export his ill-gotten logs.

The criminal case was privately prosecuted by Wilson Rano at that time.