Today we won our “Petition - The Appeal against the Rejection order of the last appeal” dated 27 March 2008. What happened was that the Rayong Court had blocked our appeal to the Administrative Supreme Court. Then we had to Petition the Admin Supreme Court to hear our “Appeal the order of lifting the injunction” dated 15 of February 2008. The Admin Supreme Court decided they wanted to hear our appeal because it relates to the Public Benefit and the rule of law. The supreme court doesn’t have to hear every case presented to them so their decision today to at least hear our case is a big win for us and a very positive step in our fight to have the building permit for the current View Talay 7 project declared illegal.
We believe this decision means the Admin Supreme Court disagreed with something in the 16 January 2008 Rayong court order that lifted the View Talay7 injunction and permitted construction to start on the contested 27 storey condominium project. The Admin Supreme Court has now ordered View Talay and Pattaya City Hall to give their answer to our appeal within 30 days.
If they chose View Talay 7 can continue building during the appeal procedure. Which we thing would be very risky because of the interest of the Admin Supreme Court in our appeal. Also the history of Thai courts in removing illegal portions of builds it risky to go on working.
Again, today is a very BIG WIN! Now we hope the Admin Supreme Court will rule on Issue 9 measurements, examine the expert witness report that we disagree with and hopefully reinstate the injunction until a final decision is made.
We believe that Issue 9 is a well written law that effects the beach environment by restricting various types of construction including preventing any building over 14 meters high within 200 meter from the seashore. While we believe we have a very strong legal case to stop the VT7 current construction and have the building permit declared illegal, we also understand that this is not simple legal case and it will take time before the final decision is made. We hope this will happen before the end of this year so we can all start the new year with great resolutions to make Jomtien a better place to live and invest.
This recent Administrative Supreme Court order was sent to a university in Bangkok for English translation. Then finished translation will also be posted on our website.
In summary, We have been waiting for over 18 months to get to this point in this very important legal case for all of Thailand and we thank everyone for your monetary and emotional support so far।
Richard
PS: From a blog; I like to share a posting which I think it explains all: “The Admin Supreme Court order spook once by saying “Therefore, if the Construction Permit No. 162/2007 dated 28 November 2006 granted by the Defendant No. 1 to the Defendant No. 2 should appear to be unlawful against the Ministerial Regulation thereto as being claimed by the ten plaintiffs,.”
I guess the expert witness, Rayong court, vt7 and city hall did not understand their previously Supreme Court Order so that why they accepted the appeal. Next time they hopefully make it loud and clear to all.”
11 comments:
So what is the BIG WIN? What did the court decide?
supreme court decided to hear arguments regarding the Rayong court's lifting of injunction on vt7 (stopping them from building above 14 meters until case ruled on). Is that right?
Any idea aboutwhen you'll hear from Rayong about final ruling on vt7's legality?
Big thanks and well done.
JCC co-owner.
Having been involved in the Thai legal system (Not on a case this big) I do know that what would be very simple, cut and dried in a western court can get dragged out for years in the Thai legal system. Looking at the implications for this ruling involving the rest of the country I can see the courts playing hot potatoe with this one for a long time.
"Also the history of Thai courts in removing illegal portions of builds it risky to go on working".
You are jumping to conclusions. VT7 is legal. It has a legal building permit.
If the courts eventually and finally decide that there is a problem with the issuance of that permit then the next step may be to compensate the litigants for the loss of their sea view. A few thousand baht perhaps. After all this is what the legal action was started for.
The VT7 building will be finished and occupied long before the lawyers stop their feeding frenzy.
"Then finished translation will also be posted on our website".
Why dont we all patiently wait for the translation before yet more groundless speculation about removing floors as advised by stopVT7.
This is a good testing of judgement system. Delaying tactic is still using. Should there be any counter tactic? Too bad still gaps in the system that cannot protect interest of the country. Sad, ugly but it is fact here.
It is not possible to compromise with evil. We do not want dirty money for compensation. Everybody knew deeply inside that the key word for this case is corruption. Is ture orr not you tell me but don't lie for your interest.
This building will still be in question forever and from time to time it willl be asked. As it will be the monument of the legal failure. Hope they will sleep well in there every night.
The Bangkok Supreme Administrative Court have already stated their view on this 12 months ago,and it is that vt7 will only be allowed legal status at 14m high.
Nothing has changed in the meantime.
vt7 are well aware of this,and know the huge risks they are taking.
An honourable company would respect the court and return to 14m now,but not vt.
Sadly,they continue to irritate the court,but the outcome is 14m,and they risk the wrath of the court in severe punishment.
My view is that vt will do all they can to pass the risks on to the investors.
"The Bangkok Supreme Administrative Court have already stated their view on this 12 months ago,and it is that vt7 will only be allowed legal status at 14m high.
Nothing has changed in the meantime." Completely untrue. The Supreme Court corrected the Rayong Court construction ban and permitted building to 14 meters pending the lower (Rayong) ruling. They gave no clues as to their leanings (as they should) so the lower court can do it's job. They did say "if" or "should appear" (which are conditional words) VT7 is illegal is could be torn down. The lower court has ruled to remove the construction ban so everything is legal until the SC makes it's ruling on the stopVT7 appeal. Just had to set record straight.
Nothing has changed in the meantime." Completely untrue. The Supreme Court corrected the Rayong Court construction ban and permitted building to 14 meters pending the lower (Rayong) ruling. They gave no clues as to their leanings (as they should) so the lower court can do it's job. They did say "if" or "should appear" (which are conditional words) VT7 is illegal is could be torn down. The lower court has ruled to remove the construction ban so everything is legal until the SC makes it's ruling on the stopVT7 appeal. Just had to set record straight.
You are wrong.
The Bangkok Supreme Administrative Court applied the issue 9 law and allowed vt7 construction to continue to 14m and not 27 floors.
The Rayong court defied this ,aided and abetted by the "expert witness" and ALW,and stated vt7 could progress to 27 floors,with no appeal.
The Bangkok Supreme Court have overturned the Rayong appeal rejection,because its position has not changed from 12 months earlier.
Now the SC court will hear this and the "expert witness" better come up with something more plausible than befor if he is to change the SC position from 14m,as stated in issue 9.
"The Bangkok Supreme Administrative Court applied the issue 9 law and allowed vt7 construction to continue to 14m and not 27 floors." Please do not stop but complete the sentence and add "until the Rayong Court's final ruling". We know the Rayong Court has not made a final ruling but after thoughtful review removed the construction order and did deny the stopvt7 an appeal. The Supreme Court has just ruled that was wrong and stopvt7 should be granted it's appeal to the construction injunction order. No one is a mind reader for the Supreme Court so let's not put words or thoughts in their mouths or wish things that aren't there. The Supreme Court has given no hints (unlike the Rayong Court) as to how they are leaning. If they felt the way you wish they felt then the construction injunction would have been put back in place immediately!
"The Bangkok Supreme Administrative Court applied the issue 9 law and allowed vt7 construction to continue to 14m and not 27 floors." Please do not stop but complete the sentence and add "until the Rayong Court's final ruling".
You are still wrong.
The SC corrected the earlier Rayong ruling to stop the vt7 construction altogether,and correctly allow up to 14m.
This clearly shows the Rayong court did not appreciate issue 9,when it stopped construction, but the SC did.
The Rayong court then ruled vt7 legal at 27 floors following the expert witness intervention,and for some inexplicable reason denied an appeal.
The SC court has again corrected the Rayong court and granted the injunction appeal .
Therefore the SC court has not changed its interpretation of issue 9 from earlier,ie 14m.If it had it would have rejected the appeal now and saved everyone time and money.
The SC have already indicated 14m only,and in allowing this construction appeal it has just re-signalled the Rayong court of this to help "it" come to its correct decision about re-instating the construction injunction.
Thoughtfull review and law are two very different things.
Post a Comment