Government Takes HMB to the Privy Council

Details

police

Thursday, 22 March 2012 07:43

By caribarena news

Antigua St John's - The Government of Antigua & Barbuda was granted leave to appeal to the Privy Council, while being refused a stay of execution of the judgment in the Half Moon Bay (HMB) Holdings Limited case.

The Court of Appeal made an award of costs to HMB in December to the tune of US$45.5 M. With an interest rate of 10.25 percent annually, the sum now owed to the company is US$65.7 M.
Attorney General Justin Simon QC filed the application of appeal using a notice of application and not the usual petition or motion. The application was, however, filed within the stipulated 21 days after judgment. Simon argued that HMB would not be prejudiced if leave were granted.

HMB’s legal advocate, Trinidadian John Carrington, wanted the court to dismiss the application for leave, since the government failed to adopt the mandatory procedure of the Appeal to the Privy Council Act in making its application for leave to appeal.

In applying for a stay, Simon said the government would suffer unrecoverable losses if the judgment was enforced, and added that there was a US$22 M difference between the figure outlined by the board of assessment and what was awarded to HMB by the court.

HMB has a judgment pending after it sought enforcement of the compensation order made by the Assessment Board to HMB.

Carrington told the court that the government’s application for a stay had not satisfied the evidential basis in this case. Simon said he appreciated the attorney’s point.

Carrington said the government can continue to pursue the case, whether the order of the court is enforced in the interim.

“The stay should be refused," Carrington said. "The applicant has not satisfied the evidential rule in asking for a stay."

The court allowed the application for leave to appeal under the provisions of the Interpretation Act, notwithstanding that the application was not made by notice of motion or petition, as stipulated by the Order in Council (Appeals to the Privy Council).


It ruled that the matter was properly before the court.

“The form used ought not to be treated as nullifying the application because it was otherwise timely," the Court of Appeal said. “The court therefore considers, notwithstanding the deviation, it (the application) is a valid application. The application is granted."

• < Prev
• Next >