Judge dismisses 'lost in hole' lawsuit

HIGH Court judge Frank Seepersad this morning threw out Tucker Energy Services' $5.4 million "lost in hole" claim against TN Ramnath & Co of Penal, and the latter's counter-claim.

In a 29-page judgment delivered in the San Fernando High Court, the judge ordered both parties to bear their own legal costs for the lawsuit and counter-suit.

In 2016, Tucker, of Princess Margaret Street, San Fernando, slapped the lawsuit on TN Ramnauth, claiming US$803,577.77 for a logging tool which got lost in an oil well that TN Ramnath drilled.

Tucker lowered the logging tool into the oil well for TN, in order to make a detailed record of geological formations within the well. It was contracted to do so for three wells, but Tucker contended that an express term of the agreement said in the event its logging tools became “lost in the hole” or damaged beyond repair, TN would be responsible for the cost of any “fishing” operations to retrieve them.

Seepersad ruled that the process of retrieving the tool lost in the drilled hole was not properly supervised and conducted with the required degree of experience and qualified supervision.The judge said Tucker's evidence was that the company should buy new equipment to do proper fishing exercises.

In fact, an inapproprite overshot guide was used in the fishing process, the judge said.

In dealing with TN's counter-claim against Tucker, the judge ruled that the latter company had no contractual agreement with Tucker that the latter was obliged to bear the cost of the process. He dismissed the claim against Tucker.

Attorneys Jagdeo Singh and Kiel Taklalsingh represented TN.