Humane Society International Inc v Kyodo Senpaku Kaisha Ltd

January 2008

In this long-running case, EDO NSW acted for the Humane Society International Inc (HSI) against Japanese whaling company, Kyodo Senpaku Kaisha Ltd (Kyodo).

Note: In 2015, we are again acting on behalf of HSI to seek orders in the Federal Court that Kyodo is in contempt of the 2008 injunction described below. Read about the current case.

The proceedings were brought in the Federal Court of Australia. HSI sought a declaration that Kyodo breached the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act 1999) by whaling in the Australian Whale Sanctuary adjacent to Antarctica and an injunction to prevent them from continuing to kill whales there. In response, Japan claimed that it does not recognise Australia 's sovereignty over the Antarctic waters which constitute the whale sanctuary.

In a judgement handed down on 15 January 2008, His Honour Justice Allsop made a declaration that Kyodo was in breach of Australian law by whaling in the Australian Whale Sanctuary and granted HSI an injunction to restrain Kyodo from further breaches of the EPBC Act 1999.

HSI representatives travelled to Japan to serve the injunction upon Kyodo but so far no enforcement action has been taken. HSI has the option of taking enforcement action within Australia should the whaling ships enter Australian territorial waters.

You can find out more about this case and access court documents at www.hsi.org.au

Judgment - Application for leave to serve the originating process in Japan (23 November 2004)

Judgment - Application for leave dismissed (27 May 2005)

Judgment - Granting leave to appeal (27 May 2005)

Judgment - Appeal (14 July 2006)

Judgment  - Application for leave granted (16 February 2007)

Judgment - Orders (18 January 2008)

Case Summary Judgment