Chicken surcharge issue headed for Privy Council

THE battle between Nutrimix Feeds and the Government over the reduction in the surcharge on the importation of chicken parts may go as far as the Privy Council in London, as Nutrimix intends to go all the way to block the proposed reduction. Attorney for Nutrimix, Ramesh Lawrence Maharaj SC, yesterday filed an appeal on behalf of the company against the decisions of Justices Amrika Tiwary and Carol Gobin to lift the injunctions granted to Nutrimix last Thursday. The injunctions sought to prevent Government from implementing the reduction in the surcharge. The application for judicial review is listed for hearing in the High Court on November 23.

Nutrimix is contending that the proposed reduction in the surcharge for imported chicken parts will have disastrous effects on the poultry industry, resulting in heavy losses in investments and thousands of jobs, mainly in the rural communities. The State, represented by Russell Martineau SC, had argued that the House of Representatives had passed a resolution on October 29, giving effect to the reduction in the surcharge and asked that the injunction be discharged. Maharaj submitted that it was settled law that it did not make a difference whether or not any resolution on the issue was before the House of Representative, because the resolution did not take effect until November 1. He said it was also settled law that the High Court could remove and set aside any subsidiary or secondary legislation. Appearing with Maharaj for Nutrimix are attorneys Ricki Harnanan, Dharmendra Punwasee, Daryl Allahar and Helen Lochan.