(Trinidad Guardian) A High Court judge has dismissed a lawsuit from a local contractor against a Guyanese client over GYD$70.3 million (TT$2.28 million) in fees from a contract.
Delivering a written decision, yesterday, Justice Frank Seepersad dismissed Belmar Construction Limited’s lawsuit against Triple D’s Inc as he upheld an application from the latter over whether the lawsuit should be pursued in T&T or Guyana.
Justice Seepersad declined to exercise any jurisdiction in the case as he ruled that it (the lawsuit) had a real and substantial connection with Guyana.
“The subcontractor who effected the works and the Defendant are both Guyanese companies and although the managing directors of the Claimant and Defendant companies are domiciled in this jurisdiction, they are not parties to the litigation,” Justice Seepersad said.
While Justice Seepersad noted that he could have heard evidence from Guyanese witnesses via video conferencing, he noted that he would not be able to make a site visit as potentially required in the case.
“This Court has no appreciation of any societal, cultural, or economic nuances which prevail in Guyana and/or the interplay, if any, with the current construction boom that is taking place in that jurisdiction,” he said
He noted that the case would involve Guyanese laws and he would not be able to compel Guyanese companies and officials to disclose material and documentary evidence.
Justice Seepersad also pointed out that no injustice would be occasioned by his refusal to hear the case, as the company could still pursue it by filing its lawsuit in Guyana.
“Guyana is the natural, most convenient, and appropriate forum to conduct a trial of the issues in this case,” he said.
He stated that his decision in the case was important as more similar legal disputes are likely to arise with local companies setting up operations in Guyana based on that country’s current energy boom.
“Courts in this Republic are already overburdened and taxpayers with the existence of exceptional circumstances, should not be expected to finance litigation that involves issues connected to contracts, services renders, or transactions undertaken in another jurisdiction,” Justice Seepersad said.
“Those who elect to expand their economic opportunities and undertake work abroad should understand that it would be best to resolve resultant issues in the natural and appropriate forums which exist within the jurisdictions in which they opt to pursue economic gains,” he added.
Belmar Construction was represented by Shari Fitzpatrick and Cavan Byrne, while Rajiv Sumair represented Triple D’s.
