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Court orders Government to make $370 million interim payment to NTCS

Published:Friday | December 7, 2012

Barbara Gayle, Justice Coordinator

The Court of Appeal has ordered the Government to pay the members of the National Transport Co-operative Society (NTCS) an interim payment as the administration prepares to challenge the decade-old case to the United Kingdom-based Privy Council.

Today the Court of Appeal ruled that $370.4 million must be paid to the lawyers of the NTCS.

The Court has also given the Government seven days to prepare its final records to take the matter to the Privy Council.

NTCS lawyers Bailey Terrelongue Allen must give written undertaking by December 10 not to dispose of the $370.4 million until the appeal has been heard and determined by the Privy Council.

The court also gave the government a stay of execution providing that the pay the sum to the lawyers by February 7.

The attorneys for the NTCS had wanted the government to pay 20 per cent of the $2 billion award.

On Monday, the Court of Appeal reserved its ruling after hearing legal arguments from the lawyers representing the parties.

The head of the NTCS Ezroy Millwood, who died on Saturday, has said in an affidavit that NTCS members were destitute and needed an interim payment.

However Richard Mahfood QC, who is representing the government argued that the NTCS members suffered no loss.

The Government and the NTCS have been in the courts since the decision to end the sub-franchise agreement between the bus company and the state-owned Jamaica Urban Transit Company.