Case details

Maharaj (Appellant) v National Energy Corporation of Trinidad and Tobago (Respondent) (Trinidad and Tobago)

Case ID: JCPC 2017/0085

Jurisdiction: The Court of Appeal of the Republic of Trinidad and Tobago

Case summary

Issue(s)

Whether the judge was correct to set aside the grant of leave for judicial review.

Facts

The appellant is a Trinidadian citizen, who was formerly President of the Global Organisation for People of Indian Origin. The respondent is a state enterprise company incorporated under the Companies Act of Trinidad and Tobago and is of strategic importance in the energy sector of Trinidad and Tobago. In 2009, the NEC refused a request for information made by the appellant under the Freedom of Information Act 1999 concerning the qualifications of the NEC’s Chief Executive Officer. The appellant sought this information in the context of racial discrimination allegations made by Indo-Trinidadians. In the course of pre-action correspondence between October 2009 and January 2010, the NEC indicated that any undue delay by the appellant in issuing proceedings would be canvassed as part of NEC’s case in response.

The appellant issued proceedings for judicial review of the NEC’s decision not to supply the information in January 2010. The appellant was granted leave to seek judicial review in February 2011 and the NEC applied for an order setting aside the grant of leave on the grounds that the appellant’s application had not been made promptly and there had been unreasonable delay. The judge granted NEC’s application and set aside the grant of leave. The majority of the Court of Appeal held that there had been unreasonable delay and that the judge had not erred in setting aside the prior grant of leave.

Parties

Appellant(s)

Devant Maharaj

Respondent(s)

National Energy Corporation of Trinidad and Tobago

Appeal

Justices

Lord Reed, Lady Black, Lord Lloyd-Jones, Lord Briggs, Lord Kitchin

Hearing start date

29 Oct 2018

Hearing finish date

29 Oct 2018

Watch hearing
29 Oct 2018 Morning session Afternoon session