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Gov't pays NTCS interim payment

Published: Thursday January 31, 2013 | 1:14 pm Comments 0

Barbara Gayle, Justice Coordinator

The government has paid the interim payment of $370 million which the Court of Appeal had ordered it to pay to the lawyers representing the National Co-operative Society(NTCS), which was led by businessman Ezroy Millwood who died in December last year.

Attorney-at-law Patrick Bailey who is representing the NTCS confirmed today that the money was paid this week to the law firm Bailey Terrelonge Allen.

The government is challenging the $1.8 billion award by the Court of Appeal to the NTCS and has taken the issue to the United Kingdom Privy Council.

The government is contending that the award should not have been calculated from 2004 but should have been from 2009 when the Privy Council ruled on the issue.

The NTCS and the government have been engaged in a legal battle for more than a decade.

The dispute arose after the government cancelled the contract it had with NTCS years before it expired and then took over the running of the public transportation in the Kingston Metropolitan Transport Region.

The NTCS sued the government and after a long legal battle in the Jamaican courts, the case went before The Privy Council which ruled in 2009 in favour of the NTCS.

The Court of Appeal subsequently calculated the payment and the government is challenging the award.

Last year, the government applied for a stay of the order for payment until the Privy Council decided the case.

Lawyers for the NTCS opposed the application and asked for an interim payment.

The Court of Appeal ruled in December last year that the government should make the interin payment by February 7.

The lawyers for the NTCS were ordered to give an undertaking that the money would not be disposed of until the Privy Council determines the matter. 

No date has yet been set for the Privy Council hearing.  

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