THE legal battle between Rubis and Government over the sale of the state-owned Barbados National Terminal Company Limited (BNTCL) to Sol continues.
Yesterday, when Rubis West Indies Limited, Sol and the state’s legal representatives appeared in the Supreme Court before Justice Olson Alleyne, for the beginning of the hearing on whether or not the injunction to halt the sale of the BNTCL should be extended or discharged, the case was adjourned until July 27.
“The Crown asked for an adjournment. One would think that in an important matter like this, the crown would move heaven and earth to be ready on time.
“But, we are happy; we maintain our position that the tendering process in the sale of BNTCL was unfair and we are ready,” was all Rubis’ attorney, Queen’s Counsel Leslie Haynes was willing to tell The Barbados Advocate.
On Friday March 14, Rubis filed in the High Court an application for Judicial Review of a decision to approve the inclusion of a 15 year moratorium clause in the Sale and Purchase Agreement between a Sol Subsidiary and the Barbados National Oil Company Limited (BNOCL).
This clause, which was included in the documents filed by the Sol Subsidiary and BNOCL with the Fair Trading Commission (FTC), would grant to the Sol Subsidiary a moratorium on the construction of any fuel terminal facilities in Barbados, and a moratorium on the grant of licences for the storage of gasoline, diesel or fuel and aviation or jet fuels used for industrial and commercial purposes in Barbados, other than those that currently exist by the Energy Division or other Governmental Authority for a 15 year term.
The FTC is currently probing whether the US $100 million merger should be approved.
Rubis has been advised by its legal counsel that such moratorium should not be granted, as it would constitute an illegal restriction of the right which the Minister of Energy has been granted by law to decide on such matters.
With this application, Rubis also applied for an urgent interim injunction to restrain the parties to the proposed merger agreement from including such a clause therein, should the FTC approve the sale of BNTCL as submitted.
The High Court granted Rubis the interim injunction until April 3, 2017, but that date was however extended until yesterday. (AH)
