ST Clair residents won in court in their effort to maintain peace and quiet during the upcoming Carnival season.
Last Friday, 12 residents under former Petrotrin chairman Wilfred Espinet fended off an attempt by fete promoters to overturn the residents’ injunction, stopping ten fetes planned by promoters Ingrid Daniel and Samaan Estate Ltd.
In a High Court matter under the Theatres and Dance Halls Act and Liquor Licences Act, Justice Christopher Sieuchand dismissed the promoters’ application to appeal against an injunction granted on December 8 by Justice Eleanor Donaldson-Honeywell.
Attorney Kerri-Ann Oliverie represented the promoters and Thane Pierre represented the residents.
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 one of the directors of Samaan, Jelani Daniel.
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.
The promoters 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 Trinidad and Tobago Manufacturers Association CEO that the event due on December 8 was a private event for less than 250 people and so did not need a licence, but claimed he had not been told that at the injunction hearing.
The promoters said that was in violation of Espinet’s duty to give the court a full and frank disclosure.
In a certificate of urgency, the promoters 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. Maintaining the injunction would be oppressive, the promoters had argued.
They said they had planned to use the premises to host ten fetes and to serve as to provide rest stop services for the band Tribe. The venue had been operating for six months.
The promoters said St Clair was at the epicentre of Carnival celebrations and an established route for bands, with events at ten other venues carded for St Clair for Carnival. They said the injunction was oppressive. In Sieuchand’s order, promoters 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.
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