John Myers Jr., Staff Reporter
MILLWOOD
THE EZROY Millwood-led National Transport Cooperative Society's (NTCS) appeal against the overturn of the multibillion-dollar arbitration award by the Judicial Review Court should begin in October.
Lord Anthony Gifford, one of the attorneys representing the NTCS, said the process was on track, and a date should be set by October for the appeal case to begin in the Court of Appeal.
"It is a complex matter and it's going according to plan. I would expect it to be before the courts early next term, around October," Lord Gifford told The Gleaner.
The Government was sued by Mr. Millwood's NTCS after it took control of the public transportation system in the Kingston Metropolitan Transport Region five years before the 10-year contract the Government established with three franchise holders had expired.
BREACH OF CONTRACT
Both the Government and the NTCS agreed to an arbitration, and in October 2003 the arbitrators ruled that the Government had breached the contract and should pay the NTCS $4.5 billion for the years 1995-2001, with interest to be calculated from the end of each accounting year at the treasury bill and commercial bank rates. This amounted to approximately $8 billion.
However, the arbitration award was overturned in November last year by the Judicial Review Court, led by Justice Patrick Brooks. In addition to setting aside the multibillion-dollar award, Mr. Justice Brooks also ordered the NTCS to pay the Government's legal costs in the Supreme Court, as well as for the arbitration proceedings.
The judge, in handing down his decision in favour of the Government, contended that the arbitrators had erred in holding that the 1996 heads of agreement did not vary or amend the 1995 franchise agreement.
Furthermore, Justice Brooks said the arbitrators erred again when they dismissed the preliminary application by the Government, that the 1995 franchise agreement be declared invalid.
The NTCS subsequently indicated that they would be appealing the Judicial Review Court's ruling.
