In May, when government and Antigua Public Utilities Authority (APUA) lost the multi-million dollar case brought on by APC, the London-based Privy Council ordered all the parties to file submissions by the end of the first week in August.
So said one of APUA’s attorneys Dr David Dorsett, who also told OBSERVER media his office has not received a copy of submissions from government or any notice that the documents were filed.
Dr Dorsett said government could not have “snuck in” the submissions before the final appellate court.
“Before filing the submissions, government would have to provide the Privy Council with a certificate to prove all the parties were served. I know APC has filed submissions on costs and we (APUA) have filed ours in keeping with the deadline,” the lawyer said.
Dr Dorsett said he is unable to state whether the missed deadline would be of consequence to the period of time it would take to determine costs, since the Privy Council is not due to hear such matters before October.
Meanwhile, Attorney General Justin Simon QC did not respond to questions regarding Dr Dorsett’s remarks.
In May, the Privy Council ruled that the prime minister acted beyond his powers when he ordered police to bar APC from offloading and installing power generators at its Crabb’s facility.
The court also ruled that government and APUA breached the two-phased multi-million dollar joint venture contract with APC.
The contract was for the financing and supplying of 50.9 megawatts of electricity by the privately run APC, which would have translated to their owning 55 per cent of the company, while APUA would have owned the minority 45 per cent.
The law lords at the Privy Council have to determine costs payable to APC for expenses incurred for trial before that court.
Damages for the breach of contract would be decided by the local High Court. Once damages would have been determined here, the local court would also have to make a ruling as to costs for trial at that level.