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Judge strikes out WIPA’s application against GCB

Feb 10, 2012 Sports

WIPA ordered to pay costs

On Tuesday 7th January 2012 Justice D. Insanally in the Guyana High Court struck out the application filed on the 4th January 2012 by Poonai and Poonai lawyers for the Defendants, West Indies Players Association (WIPA), West Indies Player Management Company Limited (WIPMACOL), and Dinanath Ramnarine made against the Guyana Cricket Board (GCB).
WIPA and the other Defendants had made an application to strike out the GCB’s writ against them where the GCB principal contention was that there was no valid or enforceable agreement between the Defendants and the GCB players in relation to the image rights of the players. Additionally, the GCB is contending that the interference of WIPA, WIPMACOL and Ramnarine in their contractual relations with third parties was unlawful and was demanding damages for the interference. The GCB writ was filed by Sir Fenton Ramsahoye S.C. and Sanjeev J. Datadin.
Justice Insanally struck out the Defendants’ application after hearing arguments for Sanjeev J. Datadin who appeared on behalf of the GCB. The Defendants were represented by Davendra Kissoon.
The Court ruled that the application made by the Defendants was wholly wrong, misconceived and improperly instituted and could not be filed in the Civil Jurisdiction of the Guyana High Court. The Judge also struck out the entry of appearance filed by Davendra Kissoon as being wholly irregular and not in compliance with the High Court Rules.
Justice Insanally also ruled that the other affidavits filed by the Defendants in the matter were all contrary to the Rules of Court and she ruled that she would allow them to be used in the matter but Ordered the Defendants to pay costs in the sum of $10,000 to the Plaintiff.
Contacted for a comment Mr. Datadin said that the Chamber Judge had indeed struck out an interim application and the entry of appearance of Davendra Kissoon made by the Defendants as it was all inappropriate and not made in accordance with the High Court Rules. He said the substantive matter filed by the GCB is still to be determined.
Asked what was next in the matter he said that the Defendants were required to make themselves compliant with the Rules of Court and do things in the approved procedure before the next Court hearing on the 13th March, 2012.

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