By a claim filed on the 26th April, 2022, businessman Hugh Swaby commenced proceedings against the Shipping Association of Trinidad and Tobago (“SATT”) and certain members of SATT’s Group A membership. By his claim, Mr. Swaby sought, inter alia, damages, including aggravated and exemplary damages, against the Defendants for defamation of character arising out of statements contained in the minutes of a meeting among SATT’s Group A membership. Mr. Swaby also sought that a written apology be issued and injuctive relief.
By Notice of Application filed on the 9th June, 2023, (“Striking-Out Application”) SATT and Second and Fourth Defendants, moved the Honourable Court to strike out the claim made against them on the ground that the statements were protected by the statutory immunity under and pursuant to section 6 of the Trade Union Act Chap 88:02. In that regard, the alleged defamatory words were uttered while the Second and Fourth Defendants were sitting in committee of SATT’s Group A membership.
On the 2nd November, 2023, the Honourable Madam Justice Karen Reid delivered her decision on the Striking-Out Application, whereby she found favour with the said Defendants and accordingly struck out Mr. Swaby’s claim for damages for defamation and a written apology.
SATT, the Second Defendant and the Fourth Defendant were represented by Shiv Sharma and Asif Hosein-Shah as instructed by Nyree Alfonso.
UPDATE: On the 18th December, 2023, Mr. Swaby caused to be filed a Notice of Withdrawal thereby discontinuing the remainder of the claim (for injunctive relief) against the Defendants.
Useful Links:
- Written Decision of the Hon Mme Justice Karen Reid delivered on the 2nd November, 2023.
