AG, Port Authority denied early judgement against Nyree Alphonso

A HIGH Court judge has shut down the Attorney General and the Port Authority’s request for a summary judgement to be entered against attorney Nyree Alphonso, and two others, in relation to its claim against her for her role in the procurement of the Superfast Galicia.

Justice Joan Charles, in a written decision, said the facts relative to the AG and PATT’s claim against Alphonso, Intercontinental Shipping Ltd and John Powell can only be resolved at trial.

The AG and the PATT, who are named as the claimants in the case, filed an application for summary judgement on January 10.

The lawsuit filed against the three seeks damages for an alleged breach of fiduciary duty by Alphonso while she was working for the Port Authority as an adviser, to help them source a vessel to replace the Warrior Spirit on the inter-island sea bridge.

The claim against her is that she reviewed the case for terminating the authority’s arrangements for the Government Shipping Service with the owners of the MV Warrior Spirit and identified the MV Superfast Galicia as the preferred replacement.

It is also alleged that while Alfonso was working for the port, she appointed Intercontinental Shipping Ltd, as her agent to tender for the contract.

Intercontinental, the agents for the Superfast Galicia, won the bid. The claim alleged Alphonso benefited financially from the $148 million paid to Intercontinental for the Galicia.

Charles said the court could only grant summary judgement if it was of the view that the defence, or claim, had no realistic prospect of success.

She said there were disputes on facts that could only be resolved at trial. Charles said the court would have to determine whether Alphonso owed a fiduciary duty to the authority and whether she was in breach of that duty, as well as whether Intercontinental and Powell could incur liability.

“In order to arrive at a determination on this issue I would have to consider all of the evidence and the facts as I find them. I do not consider that this process lends itself to summary proceedings but must be fully ventilated at trial,” the judge ruled.

Alphonso was represented by Senior Counsel Ramesh Lawrence Maharaj and Nyala Badal. Fyard Hosein, SC, and Rishi Dass represented Intercontinental and Powell.

The AG and the PATT were represented by Claude Denbow, Shiva Maraj and Donna Denbow.