Announcement of Taiwan High Court Taichung Branch Court decision on the public nuisance dispute lawsuit with residents of Chengbei, Tongxiao Township, Miaoli
2019/12/04
1. Parties to the legal matter：
Appellant: WU, A-Fu (the representative)
Appellee: THSRC
2. Name of the court or disposing agency： Taiwan High Court Taichung Branch Court
3. Reference/case numbers of relevant documents：2019 Zhong-Shang-Zi No. 9
4. Date of occurrence of the event：2019/12/04
5. Background and circumstances of the matter (including the property/subject matter under dispute)：
(1)Mr. Zhan and other 54 local residents filed claims to the Public Nuisance Dispute Mediation Committee of the Environmental Protection Administration, Executive Yuan for damages against THSRC on the grounds that THSRC has failed to set up appropriate sound absorption equipment for the route in Tongxiao Township, Miaoli. The said Committee arbitrated that THSRC is liable to pay 8,338,000 NT dollars for damages.
(2)THSRC filed declaratory judgment counterclaim for invalidity in accordance with Article 39 of Public Nuisance Dispute Mediation Act on 14 July, 2015. After Taiwan Miaoli District Court confirmed on 23 November, 2018 the invalidity of the claims filed by the aforementioned residents, the Appellant appealed the case to Taiwan High Court Taichung Branch Court.
6. Course and progression of handling of the matter：
Taiwan High Court Taichung Branch Court has dismissed the appeal and ruled that the costs of the case shall be borne by the Appellant.
7. Effect on company finances and business and estimated monetary amount of the effect：Nil.
8. Countermeasures and status of amelioration：
This is the judgment of a second instance court. The Company will consider all relevant measures depending on whether or not the Appellant seeks to appeal the case again.
9. Any other matters that need to be specified：Nil.
