Compensation Sum for LPG Companies Back in High Court for Deliberation

As for the ten-million-dollar compensation for damages awarded to the group of LPG companies, attorney Smith says the Court of Appeal has ordered that the High Court further assesses the sum. And though the LPG companies are free to exercise their right to import, there is no guarantee that they will be able to acquire the necessary permits from the Government of Belize.

 

Godfrey Smith S.C., Attorney-at-law

“There is also the matter of compensation for the breach of their rights, which the Court of Appeal ordered sent back to the High Court to be assessed. I should point out for completeness that the gas companies, Gas Tomza, Western Energies and the others also argued that other fundamental rights were breached like the rights to freedom of association and equality of law. The Court of Appeal said no, those were not breached, and the ten million dollars awarded by the High Court, the Court of Appeal found there was not sufficient evidence, so damages have to be reassessed, meaning done over. I think if I was to attempt to distill it into one significant thing, it is that requirement, that onerous, impossible requirement of having to have a storage facility of one point five million U.S gallons to be able to import LPG has been deleted form the law.”

 

Reporter

“Your clients are now free to exercise their business rights.”

 

Godfrey Smith

“Assuming there is no appeal.”

 

Reporter

“But, will they get, are they assured of getting a permit. I know the court cannot order an authority, but they still don’t have a permit to sell wholesale LPG in Belize.”

 

Godfrey Smith

“They will have to apply. I think one of them went out of business, Southern Choice Butane, there were four claimants at the very beginning s of the case. One went out of business. If the three wish to continue in the business of importing LPG, they will have to apply and the government can deny a permit, but it cannot be for any oppressive reason, it has to be for a good reason, especially because these companies were in the business before for many years.”