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Feb 23, 2015

Mistakes Maim Mandamus Hearing

Michael Young

According to Senior Counsel Michael Young, the claimants got off on a wrong foot when they filed the application erroneously.  Despite being granted permission to proceed with the claim, another mistake had been committed and that was what Courtenay pointed out in court today.  Furthermore, the exercise, says Young, was irrelevant since a date for the crop was set shortly thereafter.

 

Michael Young, Attorney for ASR/B.S.I.

“I had indicated that judicial review is a two-stage claim.  At the first stage you have to get permission.  Having that permission then you file the application.  When they made the application for permission we advocated very strongly to the court, that was Mr. Williams and I, that they started the claim wrongly, it didn’t get off first base and that in fact the court had no jurisdiction.  The court listened to our arguments then very keenly and obviously thought that they had started wrong but we’d give them a break.  So they got permission to file the application itself.  Having gotten that permission they filed the application itself wrongly and this is the point that Mr. Courtenay raised before the court, apart from other objections which we had.  So nobody denies that Mr. Teck had the right to go before the court but you have to comply with what are the fundamental requirements of the law.  And as the media itself and anyone picks up, this case started with the commencement date for the grinding season not being set.  That the farmers were there waiting for an agreement to be worked out, BSI waiting for an agreement to be worked out and then the date would be set.  In fact, it is because of the court application of Mr. Teck was set.  Well after the court granted permission to file the application, a date was set.  So that ought to have been the end of the case, it becomes academic.”

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