Court of Appeal judge grants conservatory order to Toolsie Persaud Ltd
September 6, 2003
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After hearing arguments in chambers for several days, Justice of Appeal Claudette Singh yesterday granted a stay of execution of the decision of Justice B.S. Roy in the Water street confrontation case.
The judge also granted a conservatory order to preserve the status quo.
Justice B.S. Roy had, in his decision, held that the acquisition by government of the Water street property owned by Toolsie Persaud Ltd (TPL) was constitutional, and had fixed the sum of $260M as compensation to be paid by government.
TPL through its lawyers, Rex McKay (SC) and Edward Luckoo (SC), had appealed against that decision. Additionally, TPL had applied direct to a judge in chambers in the Court of Appeal for a stay of execution and a conservatory order.
Since the judge’s decision, government has entered on the land and has carried out certain infrastructural works. It has also allowed a large number of vendors to erect stalls on the property.
It is not clear what, if any effect, these orders will have on the work already done but it would appear that they will prevent any further work being undertaken.
An appeal can be filed to a `full bench’ of the Court of Appeal.