SIS appeal decision reserved

Justices of Appeal Peter Jamadar, Prakash Moosai and Charmaine Pemberton yesterday reserved their decision to mid-February, Jamadar told lawyers for both sides yesterday, adding that the court will rely on written submissions advanced ahead of yesterday’s hearing. The gas company sought leave to take their challenge to the Privy Council, after the local appeal court gave a ruling on a procedural issue, which saw the claim being struck out.

The stay on the court’s dismissal order, which prevents SIS and RFRL from disposing its assets, will remain in place until NGC files its appeal in London. Last year, three appellate court judges - Justices Rajendra Narine, Judith Jones and Peter Rajkumar - in a majority ruling struck out, agreeing with lawyers representing SIS and Rainforest Ltd, that crucial timelines stipulated by the Civil Proceedings Rules for civil cases were not adhered to in the prosecution of the case.

Both parties were seeking a resolution of the matter when the issue of the lapse of deadlines in accordance with the CPR rules came up.

On December 23, 2015, a court order was granted by the High Court in favour of the NGC against SIS which saw assets in the sum of US$180 million being frozen “until the determination of intended arbitration proceedings between NGC and SIS concerning the Beetham Water treatment Project.”