Judgment on whether Upper Highway Air has disclosed a claim in the action as pleaded (to compel EnviroServ to cease operations while impacts still persist, to comply with their legal obligations and to account for advantages received from their contraventions) is reserved and will be handed down at a later date to be advised.

Pursuant to the admission by EnviroServ that it had not produced all the data referred to in its opposing affidavit in the interdict, EnviroServ produced limited data from the community monitors and a consent order was taken giving Upper Highway Air leave to supplement it’s replying affidavit in the interdict. EnviroServ agreed to pay Upper Highway Air’s costs of the application to compel the production of that data.