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Parking meter troubles…Court refuses NBS ex-parte injunction

Feb 10, 2017 News

By Brushell Blackman
Judge Priya Sewnarine-Beharry has refused to grant an ex parte injunction that was brought against the Mayor and City Council (M&CC) by the New Building Society (NBS) for parking meters that were installed in front of that establishment.
The writ of summons was presented by Senior Counsel Ashton Chase on behalf of NBS and was brought against the respondent the M&CC.
The details of the injunction state that the NBS is aggrieved that the meters were placed in front of their North Road and Republic Avenue location. Further, it is the company’s belief that such a move is disadvantageous and adversely affects and destroys the system and investment they have made in the new location.
Additionally, NBS contends that the placement of the meters was done without consultation or approval. NBS also believes that the M&CC was aware that a car park was constructed for NBS customers and for the council to now charge for parking in that location is egregious and improper.
NBS feels aggrieved that no one has invited the entity for any discussion or exchange of views in relation to the installation of parking meters in front of the premises. Furthermore, it is the society’s belief that the huge expense incurred to develop the environs of that building was totally disregarded by the M&CC.
More importantly, NBS contends that their housing mortgage business which is the core of its operation with in excess of 10,000 mortgagors will be adversely affected.
The company believes that the installation of parking meters will result in monthly loan repayments being delayed and this does not augur well for the profitability of their business. The company says it stands to lose since built up arrears will become burdensome for the liquidity of its operations.
The company is seeking $250,000 in damages against the M&CC.
The M&CC, in its response, believes that the NBS has unlawfully encroached on a public place within the control of the M&CC. Additionally the city council contends that it has the authority to erect and maintain parking meters and regulate the parking of vehicles on council roads.
The M&CC says that NBS argument lacks merit and as a responsible corporate citizens as it purports to be it should have looked at the way they constructed their building. M&CC argues that it is not responsible or can be saddled with catering for the parking of NBS’s employees and customers.
In her refusal statement Judge Beharry, said that NBS has not demonstrated that any equitable right was infringed. Additionally, the judge noted that NBS did not demonstrate that there is a serious question to be tried hence the injunction was refused.
However, the judge did say that the parties named in the injunction were free to file and serve inter partes summons with ex parte application; by way of affidavit for an interim injunction.
The M&CC is being represented by Attorney-at-law Roger Yearwood. The matter was adjourned until 15th February.

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