On the 8th May, 2020, Cashman Equipment Corporation (“Claimant”) of the United States of America, as Owners of the Barge “JMC 50” (“JMC 50”), commenced proceedings in Trinidad and Tobago against EMCS Caribbean Limited (“Defendant”) of the British Virgin Islands, as Charterers of the JMC 50, seeking, inter alia, a declaration of ownership and possession of the United States registered Barge. On the 9th May, 2020, the JMC 50 was arrested by the Claimant pending the determination of the said claims. The Defendant later counterclaimed claiming, inter alia, a right to ownership and possession of the JMC 50.
On the 29th June, 2021, the Claimant applied for the release of the JMC 50 to the company and also sought an order dismissing certain parts of the Defendant’s defence and counterclaim as disclosing no grounds for bringing a counterclaim or defending certain parts of the Claimant’s claim. On the 19th July, 2021, the Defendant counter-applied for the release of the JMC 50 into its custody.
On the 28th January, 2022, the Hon. Justice Nadia Kangaloo, the Presiding Judge in the High Court, dismissed the Claimant’s Application and granted the Defendant’s Application. The Claimant thereafter appealed the Judge’s decision to the Court of Appeal on the 4th February, 2022. On the 11th March, 2022, the Hon. Justice of Appeal Peter Rajkumar granted a stay of execution of the Judge’s orders in favour of the Claimant and on its Application until the hearing of the Appeal. The said stay was later extended by the Hon. Justice of Appeal Nolan Bereaux until the determination of the Appeal.
The Claimant’s Appeal was heard on the 28th April, 2022, before the Panel comprising the Hon. Justice of Appeal Mark Mohammed and the Hon. Justice of Appeal Peter Rajkumar. On the 5th May, 2022, the Court of Appeal delivered its ruling with the Hon. Justice of Appeal Rajkumar delivering judgment on behalf of the Panel.
The Court of Appeal found that the High Court Judge was not plainly wrong in preferring to determine all matters at trial, in June 2022, as opposed to a summary process. However, the Court of Appeal, in reversing the Judge’s ruling on the release of the JMC 50, found that the Barge ought to be released to the Claimant as opposed to the Defendant. The Court of Appeal therefore ordered the release of the JMC 50 to the Claimant.
The Claimant was represented by Simon de la Bastide, Nyree Alfonso and Asif Hosein-Shah. These proceedings are ongoing before the High Court.
Useful Links:
1. Written Decision of the Court of Appeal delivered by Justice of Appeal Rajkumar on 5 May, 2022.
