R.B.N Auto Dealers Ltd and another (Appellants) v The Minister of Trade and Industry (Respondent) (Trinidad and Tobago)

Case summary

Case ID

JCPC/2025/0099

Jurisdiction

Trinidad and Tobago

Parties

Appellant(s)

Ryan Nandlal and RBN Auto Dealers Ltd

Respondent(s)

The Minister of Trade and Industry

Issue

Whether the Respondent’s refusal to revalidate the import licences for certain imported cars after 2021 was an unlawful fettering of their discretion and/or was it otherwise unlawful on public law grounds, including the Appellants’ legitimate expectations of a revalidation or their unequal treatment by the Respondent?

Facts

One of the Appellants, R.B.N Auto Dealers Ltd (“RBN”), is an automobile dealer that buys used vehicles from foreign jurisdictions, imports these vehicles into Trinidad and Tobago, and then sells them on the local market. RBN sought to import two vehicles manufactured in 2018 (the “Vehicles”) under an import licence which was valid until 31 December 2021. RBN purchased the Vehicles which were shipped from Japan on 27 November 2021. Shortly after the ship departed, the Respondent notified people that the Trade Licence Unit, the competent authority for issuing such import licences, would not be revalidating any import licences expiring on 31 December 2021 for right hand drive motor vehicles past their expiration date (which would, if applied, impact the Vehicles’ import licence). Due to delays brought on by the COVID-19 pandemic, the Vehicles arrived in Trinidad and Tobago on 8 January 2022, after the import licence had expired on 31 December 2021. Additionally, the age of the Vehicles was now greater than 3 years since the year of manufacturing. In October 2020, the Minister of Finance had announced a new policy of not granting permission to import used cars older than 3 years since they were manufactured. RBN requested that the import licence for the Vehicles be revalidated to allow them to be imported into Trinidad and Tobago. The Respondent rejected this request based on its non- extension policy and the 3-year manufacturing age restriction policy. RBN later discovered that at least one licence of other importers’ vehicles from 2018 had been extended notwithstanding these policies. RBN applied for judicial review of the Respondent’s decision to not revalidate the import licence for the Vehicles, and the High Court dismissed RBN’s claim. RBN appealed to the Court of Appeal of Trinidad and Tobago. RBN’s appeal was also dismissed. The Appellants now seek permission to appeal to the Judicial Committee of the Privy Council.

Date of issue

3 October 2025

Case origin

PTA

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