its court battle with the firm last year.

On Tuesday, Bierman's lawyer Mr. Mark Ray spent more than three hours in Supreme Court arguing why his client should be awarded full costs.

"The trial lasted almost two weeks and involved the most complex planning issues, made new law and required decisions on points that were never before decided in any other court,'' Mr. Ray said.

"I am therefore making an application that Government be required to pay the costs of our case on an indemnity basis.'' Mr. Ray said the case was a heavily documented one with over 600 pages of documents and authorities.

He added Government had time to prepare and do the necessary research but he was often taken by surprise because they failed to disclose issues in correspondence.

He also urged the court to accept two applications. The court granted a certificate involving payments to cover the travel and daily living expenses for expert witness Mr. David Cattermole. The other, which was challenged by government lawyer Mr. Philip Holder, centres on payments to Mr. Mark Diel who assisted Mr. Ray on the case.

Mr. Holder asked Puisne Judge the Hon Mrs. Justice Wade to resist Mr. Ray's second application.

"One counsel was sufficient,'' he said, "This case did not need two counsels. It was purely about law. Why does it take two counsels to read the documents?'' Mr. Holder added the essential issue to decide was whether Supreme Court had jurisdiction to grant indemnity costs in this case.

Bierman's won the right to continue operating at Rocky Heights, Smith's Parish on November 17, 1993.

In her judgement Puisne Judge the Hon. Mrs. Justice Wade agreed with Mr.

Cattermole that Bierman's earned the right to continue operating at Rocky Heights because of its "long history of industrial usage'' at the site.