Fishermen and Friends of the Sea (Appellant) v George Aboud and Sons Limited (Respondent) (Trinidad and Tobago)

Case summary

Case ID

JCPC/2026/0033

Jurisdiction

Trinidad and Tobago

Parties

Appellant(s)

Fishermen and Friends of the Sea Limited

Respondent(s)

George Aboud and Sons Limited

Issue

Did the Court of Appeal act in excess of jurisdiction, or in breach of the requirements of natural justice, by deciding the appeal on a basis which was not pleaded? Did the Court of Appeal err in deciding that the appellant’s Direct Private Party Action was automatically extinguished when the Environmental Management Authority informed the appellant that it had commenced its own enforcement proceedings? Did the Court of Appeal err in making a costs order against the appellant?

Facts

This appeal concerns a costs order made by the Court of Appeal of Trinidad and Tobago. The appellant, Fishermen and Friends of the Sea (“FFOS”) is a non-profit organisation whose purpose is to represent fishermen and coastal communities by promoting environmental protection. FFOS alleged that the respondent, George Aboud and Sons Limited (“GASL”) had committed violations of environmental law by using excavators to modify the course of a river, thereby affecting turtle habitats in that area. FFOS brought a private action against GASL under s69 of the Environmental Management Act (“EMA”), which allows private parties to bring civil proceedings (called Direct Private Party Actions (“DPPAs”)) against other persons for violating environmental requirements. Importantly, under s69(1)(c), a private party cannot bring a DPPA where the Environmental Management Authority (“the authority”) has already commenced an enforcement action under its statutory powers. Under s69(1)(a), FFOS was required to serve a Notice of Intention to Commence Direct Private Party Action on the Managing Director of the Authority. It did so on 30 April 2018. On 28 June 2018, the Authority faxed a letter to FFOS informing FFOS that it had taken enforcement action against GASL. FFOS visited the site on 30 June 2018 and, on 11 July 2018, complained to the Authority that the work was continuing. FFOS then made a number of Freedom of Information requests asking for disclosure of the enforcement steps taken against GASL and other information. The Authority responded on 3 January 2019 by disclosing a Consent Agreement, dated 18 December 2018, which had been entered into between GASL and the Authority. That consent agreement contained a number of recitals, including (i) a statement that the Authority was of the view that the matter could be resolved without recourse to litigation; (ii) an admission by GASL that it had violated the EMA; and (iii) an agreement by GASL that it would apply for a Certificate of Environmental Clearance and pay the Authority’s costs. Meanwhile, GASL and FFOS were involved in active proceedings before the Environmental Commission (“EC”). GASL had not disclosed the consent agreement to FFOS, which was therefore unaware, at the time it commenced the private action against GASL, that the consent agreement had been entered into. However, it had been aware that the Authority had taken enforcement action because of the letter of 28 June 2018. On the morning of the trial before the EC on 26 March 2019, FFOS withdrew its claims against GASL. The EC held that GASL had to pay 60% of FFOS’s costs in bringing the action. FFOS appealed to the Court of Appeal. On 25 February 2021, while the Court of Appeal proceedings were pending, FFOS and GASL entered into a consent agreement concerning the costs payable pursuant to the EC’s order. The parties disagree as to whether that consent agreement was conditional on the success of FFOS’s appeal. The CA set aside the EC’s order and held that FFOS had to bear its own costs and pay GASL’s costs of defending the DPPA. It also held that the consent agreement of 25 February 2021 was conditional on the appeal failing. FFOS now appeals to the Judicial Committee of the Privy Council.

Date of issue

28 April 2026

Case origin

PTA

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