Trinidad and Tobago Auto Dealers File Injunction Against Ministers Policy

Dealers' Association (TTADA) was yesterday(April 15, 2014) granted an injunction restraining the implemenation of Trade and Industry Minister Vasant Bharat’s new policy allowing new players into the foreign used car market. The new policy was set to begin yesterday. However yesterday Babwah, in a media release, said High Court judge Frank Seepersad granted the TTADA an injunction, effectively blocking the Ministry’s policy to regulate the foreign used car industry for the period 2014-2017.
 
Babwah said the injunction continues until April 28. Yesterday Seepersad, presiding in San Fernando, also granted ex-parte leave to the TTADA and its President Visham Babwah to seek judicial review of the minister’s decision.
 
 
Babwah, through attorneys Ramesh Lawrence Maharaj SC, Ronnie Bissessar and instructed by Varin Gopaul-Gosine, filed the application for judicial reveiw contending that the TTADA and its members were treated unfairly by Bharath’s unilateral decision, on March 23, to implement the new policy without consulation. Seepersad, in granting the leave application, gave attorneys 14 days to file and serve their application on the Minister, after which a case management hearing will be set.
 
Babwah, in the release, said the minister did not respond to TTADA’s pre-action protocol letter which was sent to him last week. He said the TTADA has always been prepared to work with the Minister and the Ministry on the proposed policy and has repeatedly asked for meaningfully  consultations on the proposed policy. The TTADA, he said, hopes that with the injunction no steps will be taken to implement any policy until TTADA has been consulted.
 
Babwah added :“We are not against the new dealers coming into the market but the minister needs to bring in the new dealers on phased basis, not 200 dealers at one time and we need to know how the quota would be allocated after the one-year trial period. Also in an industry where the Ministry says it is difficult to monitor the current dealers, because they are short staffed, how will they be able to monitor 200 more dealers.”
 
The TTADA is seeking judicial review of the Minister’s decision communicated on March 23 at Phagwah celebrations at Invaders Recreation Ground, Felicity and amplified on March 25 and April 8. Bharath decided to implement a new policy for used car dealers and the industry from April 15 which would replace the existing policy for the period 2014 to 2017 which governs the importation of used cars in T&T. 
 
The policy, the minister had indicated, will give new dealers an opportunity to import used cars. Seepersad, in the in-chamber hearing, ordered that leave be granted to TTADA and Babwah to institute a claim for judicial review within 14 days from yesterday’s application.
 
Original Article : http://www.guardian.co.tt/business/2014-04-16/auto-dealers-file-injunction-against-minister%E2%80%99s-policy