State to compensate company for detaining two excavators

UPDATE:

A HIGH COURT judge has ordered the State to compensate a local business for the unlawful detention of its excavator for two years and three months.

In a recent ruling of the court, Justice Avason Quinlan-Williams ordered the State to pay to Caribbean Welding Supplies (CWS) $1,328,320, representing the value or sale price of the excavator.

She also ordered that CWS be paid $150,000 in aggravated damages as well as its costs.

The judge had to determine the measure of compensation CWS, of San Fernando, was entitled to compensation having had judgement entered in its favour in February for the unlawful detention of the excavator.

The company purchased the excavator in December 2014 for US$124,527. CWS rented excavators for $3,000 and $4,000 a day.

At the time of the seizure and unlawful detention of the excavator, CWS was renting it out. CWS, in October 2015, entered into an agreement to sell the excavator, which was delivered to a site at Turure Road, Sangre Grande, when it was seized by police on October 21, 2015, one day after it was delivered.

According to Quinlan-Williams, two weeks was a reasonable period for the police to conduct and complete their investigations, which resulted in them having to seize the excavator during an investigation for illegal quarrying.

At the assessment, the judge was informed of the repairs needed to be carried out on the excavator, and an estimate of the cost.

In total, the estimate for parts was $550,488.89 and $50,000 for labour. CWS pleaded loss of use, but the judge said there was no evidence to suggest that the sale of excavator was anything but a done deal. “The excavator was already located at a place consistent with the sale to the perspective purchaser. To make an award for loss of use, in the circumstance of this case, would not amount to a compensatory award of damages but would cause the claimant to benefit from a windfall which he would not have received had the vehicle not been seized and detained by the police.” She, however, pointed out that having been returned to CWS, based on the current condition of the excavator and the estimated cost of doing repairs, the equipment likely has “either no value or a nominal value.”

Quinlan-Williams found that CWS was entitled to be compensated for the aggravation the company suffered as a result of the continued detention of the excavator which would have been sold had it not been for the seizure of it.

Attorney Savitri Maharaj represented the State while Gerald Ramdeen and Dayadai Harripaul represented CWS.

ORIGINAL STORY:

A HIGH COURT judge has ordered the State to compensate a local business for the unlawful detention of its excavator for two years and three months.

In a recent ruling of the court, Justice Avason Quinlan-Williams ordered the State to pay to Caribbean Welding Supplies (CWS) $1,328,320, representing the value or sale price of the excavator.

She also ordered that CWS be paid $150,000 in aggravated damages as well as its costs.

The judge had to determine the measure of compensation CWS, of San Fernando, was entitled to having had judgement entered in its favour in February for the unlawful detention of the excavator.

Comments

"State to compensate company for detaining two excavators"

More in this section