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Reports of the Trust Territory of the Pacific Islands |
J. C. TENORIO ENTERPRISES, Plaintiff
v.
EDWARD E. JOHNSTON, et al., Defendants
Civil Action No. 110-74
Trial Division of the High Court
Mariana Islands District
December 10, 1974
Action for temporary injunction. The Trial Division of the High Court; Burnett, Chief Justice, held that injunction would not be granted where third parties would be subjected to certain loss far outweighing any benefit to plaintiff.
1. Trust Territory—Contracts
Member of joint venture which was an unsuccessful bidder for duty free airport concession granted by government had no standing to challenge decision to award the concession to the successful bidder.
2. Injunctions—Irreparable Injury, Loss or Damage
Injunction against proceeding any further with duty-free airport concession granted by government for proposed airport would not be granted where interference with building schedule would subject the government and the public to certain loss which would far outweigh any benefit to plaintiff.
3. Injunctions—Restraining Orders
Where there was ample time to litigate the issue before the suggested harm might take place, injunction would not be granted.
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Counsel for Plaintiff: Counsel for Defendants:
Counsel for Intervenor:
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DOUGLAS F. CUSHNIE CHARLES WHEELER; ALLAN NICHOLSON
JAMES BROOKS; DONALD A. SLICHTER
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BURNETT, Chief Justice
Plaintiff seeks a temporary injunction to prohibit defendants from proceeding with any further activity with respect to a grant of a duty-free retail concession at the Isley Field Airport complex, now scheduled for completion July 1, 1976. Duty Free Shoppers Limited (formerly known as International Shoppers Limited), the successful bidder for the concession, has intervened as party-defendant.
The complaint, and motion for injunction, attacks two separate facets of the entire transaction: First, the award of the duty-free concession, and then the amendment of Business Permit No. 83-74, originally granted February 5, 1974. In my view, these are separable and must be so treated.
[1] Bids for the duty-free concession were opened on June 4, 1974, and lease for operation of the concession entered into by the government defendants and the intervenor on July 8, 1974. Plaintiff, as a member of a Joint Venture which was an unsuccessful bidder, has no legal standing to challenge the decision of the High Commissioner to make award to International Shoppers Limited (now Duty Free Shoppers Limited). See 33 TTC 402:
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