The Attorney General of jamaica v National Transport Co-operative Society Ltd

IN THE SUPREME COURT OF JUDICATURE OF  JAMAICA

CLAIM NO. 2003lHCV0 169

BETWEEN THE ATTORNEY GENERAL OF CLAIMANT

JAMAICA

AND NATIONAL TRANSPORT DEFENDANT

CO-OPERATIVE SOCIETY LIMITED

Richard Mahfood, Q.C., Solicitor General Michael Hylton, Q.C., Stephen

Shelton, Heidi Gordon, Kathryn Francis and Tasha Manley for Claimant

instructed by the Director of State Proceedings.

C; Lord Anthony Gifford Q.C. and Patrick Bailey for Defendant instructed by

Patrick Bailey and Co.

Heard: 8th and 1 1 th June and 29Ih November 2004

Brooks, J.

The advocates representing the Attorney General in this claim have

made a truly remarkable submission. When reduced to blunt terms the effect

of the submission is as follows: although the Minister of Public Utilities and

0 Transport on behalf of the Government of Jamaica entered into a Franchise

Agreement with the National Transport Co-operative Society (the Society),

and although the parties expended tens of millions of dollars each pursuant

to the said agreement, and although the parties later entered into a second

agreement which recognized the existence of the Franchise Agreement, and

although upon the said Minister seeking to unilaterally terminate the

Franchise Agreement, the parties agreed to have their differences settled by