By Barbara Gayle, Staff ReporterTHE SUPREME Court has ordered the Transport Authority to pay $1.3 million in damages to 81-year-old Vincent Garrick, a businessman and contractor, for its "oppressive and high-handed manner" in refusing to hand over his minibus, even when the Traffic Court found that he had not committed any breaches of the Road Traffic Act.
Garrick's minibus was seized by Transport Authority inspectors on November 2, 1999. When Garrick appeared in the Traffic Court in January 2001, the judge dismissed the charges.
Justice Jennifer Straw, after hearing evidence from Garrick and legal submissions from attorney-at-law Donovan O. Foote who represented him, assessed damages and ordered yesterday that the Transport Authority pay the money. The award represents loss of use of the vehicle from November 1999 to June 2001.
After the Traffic Court dismissed the charges against Garrick, Mr. Foote wrote to the Transport Authority asking for the return of his client's minibus.
AUTHORITY ADAMANT
The Transport Authority refused to hand over the bus claiming that Garrick would have to pay $80,000 for storage fee before the vehicle could be released. Mr. Foote applied to the Supreme Court seeking an order for the bus to be released.
Justice Roy Anderson heard legal arguments from Mr. Foote and lawyers from the Attorney-General's Department representing the Transport Authority and ruled on June 20, 2001 that the minibus must be retured to Garrick. Justice Anderson struck out the Transport Authority's defence as disclosing no reasonable cause of action and ordered that damages should be assessed in Garrick's favour.
The Transport Authority took the matter to the Court of Appeal which on February 2002, upheld Justice Anderson's ruling. The Court of Appeal criticised the Transport Authority for the oppressive manner in which it treated Garrick.
