Litigation / Arbitration
Notable matters in which we have provided representation as Instructing Attorneys / Case Managers are:
- Acting for NIPDEC (a state-owned enterprise engaged in property development) in the leading case in Trinidad and Tobago on the judicial review of a decision to refuse pre-qualification for tenders in a construction project at the Women’s Hospital, Eric Williams Medical Sciences Complex, resulting in Judgment for NIPDEC;
- Represented the Airports Authority of Trinidad and Tobago in successful negotiations in a dispute with a contractor for the improvement works at the Crown Point International Airport leading to completion of the project;
- Successfully appeared before the High Court in securing the dismissal and settlement of claims by rival shareholders of a leading Caribbean manufacturer;
- Successfully represented the management of an eminent members’ club in the High Court in settling a contentious shareholders’ dispute;
- Successfully acted for the Commissioner of Co-operatives in Trinidad and Tobago in securing the discharge of an injunction by the High Court restraining his inquiries concerning a noted credit union;
- Successfully represented the International Cricket Council in “cease and desist” negotiations concerning its intellectual property in the 2007 World Cup in connection with breaches by a leading financial institution;
- Successfully appeared on behalf of the National Carnival Bands Association in the High Court in securing the dismissal of separate actions for defamation and for breach of copyright.
- Digicel Trinidad and Tobago Limited –v- Rory Macmillan, Shahid Hussain, Ronald Ramkissoon, defendants; and Telecommunications Services of Trinidad and Tobago Limited; and Telecommunications Authority of Trinidad and Tobago, interested parties: Claim Number CV 2006-03320: In this case we successfully defended the arbitration panel of the Telecommunications Authority of Trinidad and Tobago against a claim for judicial review by Digicel.
- Trinidad Home Developers Limited (in voluntary liquidation) –v- IMH Investments Limited: (2003) 63 WIR, 413, Privy Council
This is the authoritative and most often cited Trinidad and Tobago case on summary judgments in Trinidad and Tobago. It deals with the remedies of creditors and the operation of judgments registered against companies put into liquidation. We acted on behalf of IMH Investments Ltd.
- O’Meara Food Products Limited, Marie Kavanagh and Sharif Mohammed –v- Agricultural Development Bank of Trinidad and Tobago: Privy Council Appeal Number 21 of 2004
In this case, we acted for the Bank and successfully resisted the Appellants’ appeal against an order for summary judgment. The main issue in the appeal was whether the instrument of charge dated 18 August 1994 was ineffective as being outside the Bank’s statutory powers. The Court held for the bank and the Appellants were ordered to pay more than $2m in loan and interest charges plus legal costs. The Bank was successful at all stages up to at the Privy Council.
- Matouk v Matouk – HCA 3060 of 2000 and HCA 335 of 2001 where we successfully represented the widow and children of George Matouk (deceased) in High Court proceedings concerning the election of directors at annual general meetings and the meaning of provisions in the corporate constitution.
- BCD Limited, is a private company with subsidiaries. It was owned by five related factions of shareholders. We successfully represented one group of shareholders in a struggle for control of the corporate group in response to an attempt by another group of shareholders to take-over the company. Our success ended 40 years of simmering intra-shareholder and inter-family disputes and discontent.
- Case Manager for the Airports Authority in securing dismissal of contempt proceedings before the Industrial Court for the alleged breach of a Collective Agreement.
- Successfully concluded several mediations acting for respective parties to mediation.