St Clair fete venue operators lose application to appeal injunction

ST CLAIR residents are rejoicing after winning a high court case which keeps in place an injunction ordered against the organisers of a venue from hosting events during the Carnival season.

Last week Friday, 12 residents including former Petrotrin chairman Wilfred Espinet fended off an attempt by controllers of the fete venue to overturn their injunction which stopped ten fetes – which were planned by various promoters for Carnival 2024 – from being staged. The venue is owned by Ingrid Daniel and leased by Samaan Estate Ltd which was offering it for hire as a fete venue.

In a High Court matter under the Theatres and Dance Halls Act and Liquor Licences Act, Justice Christopher Sieuchand dismissed Daniel and Samaan's application to appeal against an injunction granted on December 8, by Justice Eleanor Donaldson-Honeywell. Attorney Kerri-Ann Oliverie represented the residents and Thane Pierre represented the venue owner and occupiers.

The case referred to a property known as both #8 Hayes Street, and #22 Alexandra Street. Daniel, who owns the property and leased it to Samaan Estate Ltd, filed a certificate of urgency in court. Daniel is the mother of Jelani Daniel, one of the directors of Samaan Estate Ltd.

Donaldson-Honeywell’s injunction restrained any use of the premises as a dance hall venue and specifically decried blocking driveways, creating a nuisance by indiscriminate parking, and loitering crowds, and playing excessive music and causing excessive vibrations.

Daniel and Samaan complained that during the December 8 hearing, they had not had enough time to file all relevant legal and factual information in court.

They said Espinet had been told by the TT Manufacturers Association CEO that the event due on December 8 was a private one for less than 250 people and so did not need a licence, they claimed Espinet had not stated that at the injunction hearing, allegedly in violation of his duty to give the court a full and frank disclosure.

In a certificate of urgency, the venue occupiers claimed they had already lost $100,000 and if the injunction continued, losses would reach $430,000. Also, they faced legal claims for breach of contract from clients, plus job losses for eight permanent staff and an indeterminable number of temporary staff. Daniel and Samaan claimed the injunction would be oppressive.

They said they had planned to offer the venue to host ten fetes and to serve as a rest stop service for the Carnival band Tribe. The venue had been operating for six months.

They argued that St Clair was at the epicentre of Carnival celebrations and an established route for Carnival bands, with events at ten other venues carded in the community during Carnival.

In Sieuchand’s order, Daniel and Samaan Estate Ltd said they faced “injustice, inconvenience and loss” without adequate compensation.

This possible impact included the total shutting down of their business, loss of business reputation, staff loss, impact on clients, and potential litigation. However, Sieuchand dismissed the appeal.

“The respondents’ notice of application filed on December 22, accompanied by the certificate of urgency, is dismissed,” Sieuchand ruled.