Transport Authority pays off debt
Barbara Gayle, Staff Reporter
The Transport Authority on Monday paid the balance of $4.8 million owing to St Catherine businessman Aston Burey when the bailiff went to its offices to seize goods and chattels to recover the money.
Last week Friday, the bailiff went to the premises of the Transport Authority and seized a bus.
Following a Court of Appeal ruling Monday dismissing a motion brought by the Government and the Transport Authority to take the issue to the United Kingdom Privy Council, the bailiff went back to seize additional goods and was paid the outstanding sum.
The Government was seeking leave to go to the Privy Council to quash the Court of Appeal's ruling in favour of Burey. An order was also being sought for a stay of execution of the balance of money.
applications dismissed
The court ruled that there was no merit in the applications and dismissed them.
A judgement of $7.6 million was awarded to Burey in September last year for the unlawful seizure and loss of use of his 1994 Toyota Hiace bus by the Transport Authority in 2006. The bus was sold in 2009, despite numerous requests for its return.
Burey, who was represented by attorney-at-law Sean Kinghorn, took the case to the Supreme Court and was successful. Burey was awarded $3.3 million with interest for loss of earnings and $3.9 million for the bus, which was equivalent to the value of a 2005 Toyota Hiace minibus.
The Government and the Transport Authority contended in the application on Monday that the law relative to the measure of damages, whether for detinue or conversion did not support the $3.9 million award for loss of the vehicle. They said in the circumstances, it would be unreasonable for them to honour a judgement that was questionable in law.
