Supreme Court gives go ahead for $6.4b lawsuit by National Fuels against Total Jamaica

The Supreme Court ruled today that the $6.4 billion lawsuit which gas station network National Fuels and Lubricants filed against French-owned Total Jamaica Limited must proceed to trial.

Justice Ann-Marie Lawrence-Grainger made the ruling when she dismissed a summary judgment application brought by Total to strike out National Fuels' claim.

Costs were awarded to National Fuels and the judge also granted leave to Total to appeal her ruling.

In 2019, Royton DeCambre, chief executive officer and owner of National Fuels, filed a suit contending that seven of the properties taken over by Total were never officially transferred and were not paid for.

He is seeking $6.4 billion in compensation.

Total has denied wrongdoing in its deal with National Fuels.

Total contends that its deal with the company covered 10 service stations and other assets valued at US$9.1 million.

Total said the sums due were distributed according to agreements struck in 2004 and subsequent periods.

National Fuels outlined in court documents that DeCambre became suspicious of Total's actions and did not sign off on all the transfer documents.

DeCambre subsequently reported the matter to the police.

Attorneys-at-law Hugh Wildman and Indira Patmore, who are representing National Fuels, said today that they had opinion evidence from three handwriting experts that the transfers were fraudulent.

Total has denied committing fraud as alleged by DeCambre.

Queen's Counsel Maurice Manning, instructed by Nunes, Scholefield, DeLeon & Co is representing Total.

Arising from National Fuels' disputed sales of several service stations, 53-year-old Peter Asher was slapped in July this year with fraud-related charges.

The police said the charges include forgery, conspiracy to forge national lubricants seals, seven counts of instrument of transfers and seven counts of causing property to be transferred.

Statements were collected in the matter and a file submitted to the Director of Public Prosecutions who ruled that Asher should be charged.

- Barbara Gayle

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