Elias gets leave to take case to Privy Council

Contractor Emile Elias has the permission of the Court of Appeal to challenge at the Privy Council an order for him to pay $1.2 million to a land developer for delays in the construction of 92 townhouses in the Westmoorings by the Sea neighbourhood in 1983.

Elias sought the leave of the court to appeal to the Privy Council and it was granted by Justices Allan Mendonca, Judith Jones and Peter Rajkumar.

Last April, Justices Peter Jamadar, Gregory Smith and Andre des Vignes, dismissed Elias’ appeal against developer Westmoorings Ltd (WL).

In a written 24-page judgment, Smith, who delivered the ruling, found little fault with Justice Devindra Rampersad’s ruling – which Elias appealed – and upheld the finding of the validity and enforceability of a liquidated damages clause in the contract between the parties.

The land developer claimed EECL was liable to pay $2,636,000 in damages for the unauthorised delays in completion of the townhouses, had paid $9,513,400.55 for work done and still owed a balance of $1,380,995.58.

WL agreed that the sum owed should be deducted from the amount owed by EECL, leaving $1,255.004.42, plus interest, to be paid by Elias’ company.