CCJ Dismisses New Thriving Restaurant Challenge Against Electrical Consumption Arrears
CCJ Dismisses New Thriving Restaurant Challenge Against Electrical Consumption Arrears
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On Tuesday, April 9th, 2024, the Caribbean Court of Justice (CCJ) rendered its judgment in the case of Che Jain Ping and Xiao Guang Zhao v Guyana Power and Light Inc. [2024] CCJ 8 (AJ) GY, in its Appellate Jurisdiction. The decision, authored by Mr. Justice Andrew Burgess, upheld the ruling of the Court of Appeal of Guyana.
The appellants, operating under the trading names ‘New Thriving Restaurant’ and ‘New Thriving Fast Food,’ were embroiled in a dispute with Guyana Power and Light Inc (GPL) over arrears accrued from electricity consumption between January 2002 and July 2009. Despite monthly billing, the appellants’ account showed arrears exceeding payments by GYD13,768,937.
Legal proceedings commenced in the High Court on October 29, 2010, where it was determined that the appellants were liable to pay GPL the aforementioned sum for the electricity supplied. This decision was upheld by the Court of Appeal.
The appeal to the CCJ, filed on May 12, 2023, contested the Court of Appeal’s ruling. However, the CCJ clarified that Section 23 of the Electricity Sector Reform Act established a statutory contract for electricity supply between consumers and public electrical suppliers like GPL. Furthermore, Regulation 31(2) of the Public Electricity Supply Regulations entitled GPL to seek legal recourse for breaches of the supply contract. The CCJ concluded that GPL met the requirements of Regulation 31(2), enabling it to back bill the appellants beyond the 12-month period specified in the regulations and claim full arrears.
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Consequently, the CCJ dismissed the appeal and affirmed the orders of the Court of Appeal. The panel hearing the case included Honourable Mr. Justice Adrian Saunders, President, and Honourable Justices Winston Anderson, Maureen Rajnauth-Lee, Denys Barrow, and Andrew Burgess. Mr. Stephen Fraser SC and Mrs. Shantel Scott-Lall represented the appellants, while Mr. Timothy M Jonas SC and Ms. Krystal Abrams represented the respondent.
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