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Jul 10, 2018

Government Files Appeal Challenging Decision Against BSWMA

According to the Solicitor General, an appeal has since been filed, challenging the outcome of a lawsuit in which the Supreme Court ruled in favor of Vision Architects.  Despite the expiration of the twenty-one-day period, Hawke says there is the likelihood of permission to be granted for an appeal out of time.

 

Nigel Hawke, Solicitor General

Nigel Hawke

“We are simply saying this, I think if it’s not public knowledge, we’ve filed an appeal, at least leave to appeal; we’re hoping that that will be heard and we are also asking for a stay.  In the interim what we are simply saying, when you go under Section 25 of the Crown Proceedings Act, we are simply saying that there is a procedure that you should follow if you feel as though we are not paying.  The CCJ has clearly said, you can then go to the Supreme Court if you want to, for a declaration to have the Minister of Finance be ordered to pay.  We are saying that they didn’t follow the procedure.  They followed the procedure of going to execute on our, on the state’s property and the rules in the law say that you can’t do that.  That’s all we are simply saying.”

 

Isani Cayetano

“You’ve mentioned filing leave for appeal, but as far as I recall, the twenty-one day period had already elapsed as to why Vision Architects moved in to crow-foot the assets.”

 

Nigel Hawke

“But I don’t think we are way outside of the time, so there is a possibility you could apply for leave to appeal out of time.  I think that’s what we’ve done.  I don’t know what’s gonna happen, that’s for the court to determine, but we’ve since filed and we’ve also applied for a stay in that same application.”

 

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