http://www.bviplatinum.com/news.php?sect...

by: BVI Platinum News

Fri, October 30, 2009 | 3:23 pm AST
Commercial Court Judge Edward Banister, QC on Wednesday October 28 ruled in favour of Ocean Conversation (OC) by ordering Government to pay OC $13.91 per thousand gallon for water consumed after December 20, 2007. OC during that period was being paid by Government $6.88 per thousand gallon.


Mr. Glenn Harrigan, President of Ocean Conversion (OC)
Photo Credit: BVI Platinum News“I am not prepared to make any discount from the profit element of my award in favour of OC in respect of a notional claim on the part of the Attorney General for mesne profits. The Government must therefore pay to OC for water consumed after 20 December 2007 such sum as after taking into consideration the sums paid hitherto and the amount of the interim payment will provide OC with a recovery of US$13.91 per thousand gallon,” Justice Banister, QC said in his judgment.

President of OC, Glenn Harrigan told BVI Platinum News that the ruling has vindicated them, proving that they were right in what they have been claiming. “We were always saying that we were being paid below the cost to operate the Baugher’s Bay plant…It was not sufficient and that is why the plant was run down and is in the state it is in today…We feel vindicated.”

Harrigan also explained that he could not give a figure on the amount of monies Government owes OC since it has not been fully calculated. He said that this is being worked out by parties involved including the Lawyers.

Harrigan further stated that the figure will be determined following submissions that will be made to Justice Banister, QC by November 13, 2009.

Mr. Sydney A. Bennett, QC and Ms. Anthea L Smith, both of J.S Archibald & Co appeared for Ocean Conversion Limited, while Mr. Baba Azizand Ms Karen Reid of the Attorney General's Chambers for the Attorney General.

On September 17th, 2009 Justice Banister, QC had ordered an interim payment by the Government of $1.375 per thousand gallon for all water delivered and consumed after December 20, 2007. This amounted to some $5M.

The Judge made Wednesday’s decision after hearing from one expert from OC and the Government respectively on October 12 and 16. OC's expert was Mr. Paul Gandy while the Government's expert was Dr. Uri Horowitz.

OC has claimed that Government owes them some $18M. "In 2007 the then Government put OC in court to take possession of the plant and in their submission to the court they indicated that OC, because it was not the owner of the plant, it was not entitled to receive one penny for the water it would deliver to Government. We continued to deliver that water and issuing bills. According to the billings, Government owes OC around $18M which is inclusive of interest and penalties,” Meade Malone stated during a September press conference.