Privy Council considers Calder Hart's challenge of Las Alturas CoE

THE United Kingdom’s Privy Council has heard final arguments in a case involving former Udecott chairman Calder Hart, who successfully challenged adverse findings made against him by a commission of enquiry (CoE) into the failed Las Alturas housing project in Morvant.

The hearing, presided over by five Law Lords – Lords Sales, Leggatt, Clarke and Lady Rose and Lady Simler – examined whether Hart was denied a fair opportunity to respond to criticisms before they were published in the commission’s report.

The panel reserved judgment after hearing submissions from lawyers representing Dr Myron Wing-Sang Chin, one of the commissioners of the enquiry, who is appealing a 2023 Court of Appeal ruling in Hart’s favour.

In that ruling, the Court of Appeal unanimously quashed the commission’s findings against Hart, stating he had not been given notice or a chance to defend himself. Justice of Appeal Peter Rajkumar, delivering the judgment, said it was “a fundamental requirement of natural justice and procedural fairness that a person be afforded the opportunity to respond… rather than being condemned unheard.”

The commission had accused Hart of being partly responsible for the failure of the $90 million housing project at Lady Young Gardens, Morvant. The buildings were later demolished after structural issues emerged. The inquiry was set up in 2014, and Hart was named in the final report despite never testifying.

Hart said he could not prepare a witness statement because he was not provided with key documents. He, argued that the commissioners failed to take proper steps to provide him with the material or to summon the documents.

“The commission failed to carry out its duties and this resulted in it coming to a decision that was flawed and suspect,” his legal team submitted in the earlier proceedings.

The Court of Appeal sided with Hart, saying even a reluctant witness should still be notified of potential criticism.

King’s Counsel Richard Clayton, representing Chin argued Hart deliberately chose not to co-operate with the inquiry.

“Mr Hart had no intention of giving evidence. At no stage did he submit an affidavit,” Clayton told the law lords..

Clayton, who was the only one to address the judges at the hearing on July 9, said, “There are some allegations such as these that are so obvious. He is yet to justify the collisal and inexplicable failure to get a technical report."

Clayton insisted the project's failure caused “millions of taxpayers dollars to go down the drain.”

He said, “The Court of Appeal was wrong to overturn the judge. It was a factual assessment the judge got it right.”

After retiring for a few minutes, the judges said they did not need to hear from Hart's attorney Dr Lloyd Barnett or the Attorney General before reserving their decision.

In 2020, then-High Court justice David Harris found that the commission had committed no wrong in making the findings even though Hart was not allowed the opportunity to be heard.

The commission had found that Hart ought to have been held accountable and liable for the losses sustained in the execution of the failed $26 million complex because of the alleged depth and extent of his role in selecting the construction site.

The commission of enquiry was launched after two of the buildings at the complex began falling apart, and since then, have had to be demolished.

The two-storey towers were part of a larger project that was initially budgeted at $67 million but the cost later increased to $90 million.

The contract for the construction of the buildings was awarded to China Jiangsu International.

The commissioners who heard the enquiry were Justice Mustapha Ibrahim, Dr Myron Wing Sang-Chin and Anthony Farrell.

Justice Ibrahim died in June 2017 in London at the age of 82.