AG joins foreign tobacco distributor’s lawsuit against Ministry of Health

News

Jada Loutoo

An hour ago

A SUPREME COURT JUDGE has granted an international tobacco distributor’s request to include the Attorney General in its lawsuit against the Ministry of Health’s decision to close its business in 2022 due to a lack of appropriate licenses.

In March 2023, Mr Justice Frank Seepersad granted North American Trading Company Ltd (NATCO) permission to bring judicial review proceedings against the ministry.

On June 2, the judge granted NATCO’s motion and ordered the attorney general to be added as a party to the claim.

“A constitutional complaint was filed and, pursuant to this claim, the Prosecutor General should be a party representing the state in such proceedings.

“In addition, in addition to special damages, depending on the outcome of the constitutional claim, there are other remedies that may be granted, bearing in mind that the court has the power to create new remedies in claims of a constitutional nature.

“Remedies may still take the form of a declaration, remedial damages, or incentive damages.

“The addition of the Attorney General would enable the court to decide the disputed issues and, furthermore, the constitutional aspect of the claim makes it necessary to add the Attorney General as a party.”

Having filed an application for judicial review, the company sought an injunction but withdrew it after the ministry agreed that NATCO could continue to operate without the required licences while consultations with the Department of Trade and Industry took place.

According to court documents, the company, headquartered at the Intercontinental Business Park, Free Zone Complex in D’Abadie, began operations almost 20 years ago after being registered as TT Free Zones Company Ltd under the Free Zones Act.

Under the regulations, registered and approved businesses are granted certain tax reliefs and exemptions.

The company said it imports tobacco products from international manufacturers and stores them in its local warehouse before exporting them to retailers in the Caribbean and Latin America. It said it does not sell or distribute its products in Trinidad and Tobago.

NATCO announced that in January 2022 it was informed of the launch of a new system of special economic zones.

In November 2022, customs and police officers searched the company without a warrant.

The ministry then informed the company that it could not continue to operate without a licence required under the Tobacco Control Act.

The company says it lost approximately $979,714 as a result of the decision as it was forced to suspend planned imports and exports.

In its lawsuit, NATCO argued that the ministry’s decision was unreasonable and irrational. It argues that the ministry unit had no inherent jurisdiction in a free zone such as the one in which it operates.

Through the lawsuit, the company is seeking a number of statements opposing the decision, as well as damages.

The company was represented by John Heath, SC, Lionel Luckhoo and Sheldon Mycoo. The Ministry was represented by Michael Quamina, SC and Vincent Jardine.