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  • 1 year ago
The Privy Council has today ruled in favour of Junior Sammy Contractors Ltd which has been seeking an outstanding sum of over 82 million dollars from works it did for the Estate Management and Business Development Company Ltd.

The Senior Counsel and former Attorney General for the Contractor says the judgement by this country's final court of appeal is of importance to the local construction sector and the State entities that hire them.

Juhel Browne reports.
Transcript
00:00The Judicial Committee of the Privy Council, affirming the decisions of the High Court
00:05and the Court of Appeal, made it crystal clear that there was no evidence produced by EMBD
00:11to show that there was any fraud committed by the contractor.
00:15Senior counsel and former Attorney General Ramesh Lawrence-Moraj, speaking on behalf
00:19of his clients during a virtual media conference on Tuesday, following the ruling by the Privy
00:24Council in the matter of the Estate Management and Business Development Company Limited,
00:30the EMBD, versus Junior Sammy Contractors Limited.
00:33The Privy Council, which is based in London, is Trinidad and Tobago's highest court of
00:38appeal.
00:39This decision of the High Court, the Court of Appeal, and the Judicial Committee of the
00:44Privy Council has totally vindicated the reputation of both Mr. Junior Sammy and his company,
00:51Junior Sammy Contractors Limited, in a claim in which EMBD alleged fraud against them.
00:59The Privy Council held that the allegations made by EMBD of fraud in its defense had no
01:06substance.
01:07The matter involved a contract entered into on February 4, 2015, in which Junior Sammy
01:13Contractors agreed to carry out residential infrastructure works for the EMBD for the
01:18contract sum of $TT$231.2 million at a site known as the Karany Savannah Residential Development
01:27Phase B.
01:29On December 20, 2018, the contractor, Junior Sammy Contractors Limited, commenced proceedings
01:35in the High Court to recover $TT$82.8 million from the employer, the EMBD, comprising $TT$77.6
01:45million and $TT$5.145 million in relation to the failure to release the outstanding
01:53retention.
01:54The Council noted that Junior Sammy Contractors also claimed interest on the total unpaid
01:59sum claimed.
02:00The Privy Council ruled on Tuesday that the employer, EMBD, has failed to demonstrate
02:06that the potential defenses of abatement or fraud are more than fanciful or speculative.
02:11The Privy Council also ruled that the application for specific disclosure is a fishing expedition
02:17which amounts to no more than a hope that something might turn up.
02:21The Law Lords in London ruled that the contractor, Junior Sammy Contractors Limited, is entitled
02:27to sue the employer for $TT$77.6 million and that, accordingly, the lower courts correctly
02:35entered summary judgment in favor of the contractor in the amount of $TT$82.8 million.
03:04The Privy Council ruled that the appeal filed by the EMBD is dismissed and that the order
03:09of the judge is affirmed.
03:11Jewel Brown, TV6 News.
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