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Charging Order Application Against Bartica Town Council For Outstanding Judgment Debts.pdf

Ganesh-Deonarine-v-Town-Clerk-of-Bartica-Ruling-on-Charging-Order.pdf
Preview of Charging Order Application Against Bartica Town Council for Outstanding Judgment Debts
🔗 Source: guyanabarassociation.org
📊 Size: 173 KB
👤 Author: nareshwar harnanan
⬇️ Downloads: 33

Summary

This case involves a charging order issued against the Town Clerk of the Mayor and Town Council of Bartica (MTCB), as the successor to the Bartica Neighbourhood Democratic Council (NDC), for unpaid judgment debts. The applicant, Ganesh Deonarine, seeks to enforce a previous court judgment against the NDC.

Key Points:

1. Charging Order: A charging order was directed against the MTCB, ordering them to pay $9,364,200.00 and $22,000.00 in debts previously awarded to Deonarine against the NDC.

2. Party Change: The respondent (MTCB) disputes a unilateral change in parties, arguing they were not in existence when the original judgment was made. However, the court rejects this, stating that the Ministerial Order constituting Bartica as a town supersedes and disestablishes the previous NDC.

3. Legal Entity: Emphasizing practical justice, the court asserts that the charging order must be directed to a subsisting legal entity for it to have legal effect.

4. Court Discretion: Citing relevant case law, the court underscores its inherent jurisdiction to do justice between parties, allowing for discretion in exceptional circumstances, even if there's non-compliance with technical rules.

5. Liabilities Assumption: The objection that NDC liabilities are assumed by MTCB is rejected. The court finds it surprising but notes that MTCB, as the successor, is entitled to receive and collect rates and taxes, just as the NDC did.

6. Judicial Notice: The court takes judicial notice of the original action and observes that the MTCB operates from the same premises as the NDC, with corresponding bank accounts.

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Description

A charging order was issued against the Town Clerk of Bartica and its predecessor council for unpaid taxes, in a case brought by G&P Import and Export.

Technical Information

  • File Format: PDF
  • File Size: 173 KB
  • Pages: 7
  • Language: EN
  • Author: nareshwar harnanan
  • Total Downloads: 33
  • Last Updated: 4 hours ago

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