Full Court denies Clico appeal of petition for wind-up

The Full Court on Wednesday denied an appeal by Clico (Guyana) which had challenged an earlier ruling from the acting Chief Justice on the issue of whether leave was properly granted for the petition to wind-up the company.

The court, comprising Justices William Ramlal and Rishi Persaud, ruled against the appeal by Clico, saying it had no jurisdiction to hear the matter. Clico’s attorney Roysdale Forde had argued that the leave was not properly granted to then Commissioner of Insurance Maria van Beek when she petitioned the High Court back in February 2009.

He said that the leave was granted on a petition not yet filed and properly presented to the court, contending the order for leave was granted after it was filed.

This, Forde said, was unlawful and in breach of the High Court rules.
But the acting Chief Justice Ian Chang ruled against the arguments last November, saying that leave was properly granted. Subsequent to this, Clico appealed the ruling.

The substantive hearing into the Clico’s case remains undetermined in the High Court since a stay on a critical ruling from Justice Chang remains in effect.

A High Court judge is still to rule on a separate application instituted by Clico in which the company said it is seeking a fair hearing.

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