‘I fought the system... and won in London’

CARLTON GREER is a retired contractor/ welder. He was born in Trinidad, but has since set up his home in Tobago. Today, Greer is a very happy man having fought the “system” and won. He took on a major company in Trinidad and although he lost in the Trinidad High Court and Court of Appeal, Greer succeeded before the Privy Council in a judgment delivered on Labour Day. “I feel satisfied. This was a matter of principle, although it was a matter of small money, I decided to fight the system,” Greer told Sunday Newsday during an interview last Thursday. Greer said a lot of people tried to dissuade him, saying he could not beat the company. “They said I did not stand a chance and that nothing will come out of it. But, I hope this will give the small man the courage to fight for justice.” Greer bought a JCB backhoe in 1978 from Alstons Engineering Sales and Services Limited. In April 1982, Greer took the backhoe back to Alstons for repair because the gearbox was making an unaccustomed noise. Alstons repaired the backhoe at a cost of $20,342.27. But Greer found that the backhoe was still defective. After several inspections by Alstons, it was returned to the company in May 1983 for further repair. When Greer went to collect it on January 16, 1984, an impasse developed because Greer refused to accept it unless he was allowed to test-drive it. Alstons refused to allow him to do so unless he paid the outstanding sum of $20,342.27 for the first repairs. There was a charge of $11,646.57 for further repairs. Greer refused to pay this sum and so went away empty-handed.

In May 1984, Greer began proceedings for damages for breach of contract and negligence. It was not until October 4, 1995 that the matter came up for hearing before Madame Justice Annestine Sealey. She gave judgment on November 29, 1995 in which she ruled that Greer should pay the bill for the first repairs, along with interests and costs. “So, I appealed,” Greer added. The matter was heard before then Chief Justice Michael de la Bastide, Justice Lionel Jones, and Justice Anthony Lucky. In a judgment delivered on February 22, 2001, the Appeal Court found that the judgment of the High Court was wrong, but ordered that Greer be paid $5,000 as nominal damages for the loss of use of his backhoe. “I was not happy with that, so I instructed my attorneys to take the matter to the Privy Council. I was confident that I would succeed in the Privy Council, although I must admit it was going to be a costly affair,” the appellant added. Where was the money coming from? Greer remembered the words of his wife who was really the motivating factor behind the court proceedings. “She wanted me to fight this matter to get justice, if it meant spending our last cent. So, I did it.” Greer said he travelled to England with his attorney Stanley Marcus SC in April for the appeal. The case, according to Greer, was over within four hours. Alstons was represented by attorney Elton Prescott. In this instance, Greer claimed substantial damages for loss of use of the backhoe. The appeal was heard before Lords Hope, Lloyd, Rodger along with Sir Andrew Leggatt and Sir Phillip Olton. In the judgment delivered by Sir Andrew, the Law Lords noted that Greer had been deprived of his backhoe for well over 11 years.

The Lords found that Greer should be compensated for the loss of use of his backhoe. He was also awarded interest at 12 percent per annum from the date of detention of the backhoe to the date of the first judgment. The Lords expressed their appreciation of the excellent submissions of both Marcus and Prescott during the appeal. This case must now be referred to the Master of the High Court for assessment. This is now listed for September 22. Alstons have also been ordered to pay Greer’s costs which will be substantially high. Asked why he fought the company for what was considered a meagre $20,000, Greer responded, “it was too much advantage on the small man. The laws are there for the rich and those who have money. I knew at the time I was coming up against a big company, but I decided I must go after what I considered was an injustice being brought upon me.” After his victory in England, Greer feels that Trinidad and Tobago should retain the Privy Council as the final court of appeal. “We are not ready as yet for the Caribbean Court of Justice. Down here in the Caribbean, is a Boys’ Club, everybody knows everybody.” Greer was sure he wanted to fight the system. “I never forgot the attitude of the sales representative during the days of real problems. He made me take the matter further. I will never forget that,” he added.