Citing the fact that she holds Banks DIH Limited shares, acting Chief Justice Roxane George SC has recused herself from adjudicating over the $28B lawsuit filed by the beverage company against the Guyana Revenue Authority (GRA) and the government.
Banks DIH is suing for what it says is the overpayment in consumption taxes with interest for the period 2001 to 2006, in light of a settlement last year between fellow beverage giant Demerara Distillers Limited (DDL) and the GRA.
During an open-court hearing yesterday morning, Justice George inform-ed that she was recusing herself from the matter. The Acting Chief Justice noted that on or before May 4, the parties will be notified of the judge to whom the case will be reassigned.
When the matter first came up for hearing before Justice George sometime last week, she declared having shares with Banks DIH and indicated that she would be recusing herself.
Attorney Neil Boston SC, one of the lawyers representing Banks, subsequently made the formal application for the judge to recuse herself and she did.
By way of an action filed on December 16 last, Banks DIH, represented by Boston, in association with attorneys Rex McKay SC, Dr. Claude Denbow and Donna Denbow, is seeking a declaration that it is entitled to $28.457B, which represents repayment of $9,094,107,699 plus interest of 10% compounded over the period, in light of the DDL settlement.
It also seeks a declaration that the $12.8B in consumption taxes that it paid for the period 2001 to 2006 was paid “under a mistake of law,” while citing a previous Court of Appeal judgment in the favour of DDL against the GRA.
It also seeks a declaration that the payment of the sum represented an overpayment of $9B, when compared with DDL, which only paid $3.7B during the same period, while noting that the overpayment only became manifest when the terms of the consent order for the settlement between DDL and the GRA became public.
Banks DIH also wants the court to declare that the Co-operative Republic of Guyana “will be unjustly enriched” if it were to retain the $9B.
As a result, it has sought an order for repayment of $28.457B or an order for repayment of such sum found to be overpaid for consumption tax for 2001 to 2006 after a reassessment by the GRA.
