(Trinidad Express) Trinbago Commercial Development Company Ltd (TCDC), which owns MovieTowne, Port of Spain, has agreed to place TT$3 million in escrow until the substantive case over arrears is determined.
This sum is expected to be paid on or before August 28.
In the interim, tenants at MovieTowne will be seeking legal advice on who should receive rent at the end of this week, as an injunction preventing the Port of Spain Infrastructure Company Ltd (POSINCO), which manages land held by the Port Authority of Trinidad and Tobago (PATT), is being heard before the courts.
The initial hearing on the matter came up yesterday before Justice Eleanor Donaldson-Honeywell.
TCDC was represented by a team of lawyers led by Deborah Peake, SC.
POSINCO was represented by a team led by Justin Phelps, SC.
Lawyers who represented the interests of some of the tenants at the affected MovieTowne branch were also at the hearing.
Lengthy arguments were made on who tenants should be paying given the current circumstances.
Peake submitted that money should be continued to be paid to her client TCDC, as it was part of the facility’s operational costs, and the sudden lack of payment could potentially be detrimental, including an inability to pay liabilities such as utilities, security services and maintenance fees.
Phelps objected to the position that payments should continue to TCDC, given the nature of the ongoing matter.
He also said that no evidence had been brought by the tenants that the group would be negatively affected.
However, Peake countered by submitting that her client can speak on behalf of this group.
“The claimant (TCDC) can speak for them because they are our tenants and we must protect their interests. They (the tenants) are unsure what to do and it may be unlikely to pay their rent until this is determined,” Peake said.
Tenants’ decision
Attorney Christlyn Moore, who represented one of the affected tenants, said this was a critical issue to be determined, and submitted that, in the interim, payments to the court may be the better option.
“If we continue to pay rent to the claimant would the defendant pursue us later?” Moore asked.
After further submissions, Justice Donaldson-Honeywell declined to grant any orders as it pertained to payment and said it would be left open for tenants to decide to whom they would pay rent to.
The POSINCO also agreed not to interfere with the leases and operations of the tenants.
In addition, the court ordered that POSINCO not “disrupt or interfere with the operations of the Claimant or its tenants pending determination of the Notice of Application” which was filed on August 24.
Permission was also given for both legal teams to file necessary documents for the matter to proceed, and no decision was made on costs.
After further submissions the matter was adjourned.
The matter is expected to be transferred to Justice Nadia Kangaloo.
Injunction granted
Last Friday, POSINCO bailiffs descended on MovieTowne at Invaders Bay to repossess the complex for what POSINCO said was $10 million in owed rent.
They also served tenants letters, stating that POSINCO had exercised its rights under the head lease to take possession of the premises and rents should be remitted to the company.
Chairman of the TCDC, businessman Derek Chin later told the Express that this caused him great embarrassment.
He said that MovieTowne employs over 1,200 people and over 2,500 are employed at the entertainment and shopping complex, and was hopeful there will be resolution in the courts soon.
On Saturday, TCDC obtained an injunction from the High Court preventing POSINCO from communicating with tenants at MovieTowne.
Justice Eleanor Donaldson-Honeywell ordered that POSINCO is restrained from issuing communications in any form to the tenants of the claimant who are occupying any part(s) of the buildings located at MovieTowne.
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In a media release last night, TCDC accused the POSINCO of attempting to bully and intimidate MovieTowne’s management by attempting to change the locks on the property in violation of the court order which will be resisted.
“MovieTowne is committed to the rule of law and gives the assurance that it will continue to legally and ethically defend the rights of its employees, tenants and all other stakeholders in the interest of the thousands of patrons and families who use and benefit from the facilities,” the TCDC release stated.
Attempts to reach the Port Authority for comment last night were unsuccessful.
The court order:
1. The interim relief granted pursuant to one aspect of the Notice of Application filed on August 24, 2024 is varied until the inter partes hearing on a date to be fixed by the docketed Judge.
2. The undertaking of the Claimant at number one of their draft order is accepted and included as an Order herein that the Claimant will pay into Court the sum of $3 million on or before August 28, 2024.
3. the Defendant undertakes not to disturb the occupation of the sub-tenants at the premises situate at Invaders Bay
AND IT IS ALSO ORDERED that:
4.The Defendant is not to disrupt or interfere with the operations of the Claimant or its tenants pending determination of the Notice of Application filed on August 24, 2024 at the inter partes hearing.
5. The Notice of Application filed on August 24, 2024 is deemed fit for urgent expedited inter partes hearing.
6. Permission is granted to the Defendant to file and serve Supplementary Affidavit evidence on or before August 30, 2024.
7. Permission is granted to the Claimant to file and serve Affidavits in Response on or before September 6, 2024.
8. Permission is granted to the Claimant to file and serve a Statement of Case on or before September 13, 2024.
9. A decision on costs of the application is reserved.
10. This matter is transferred to Justice Nadia Kangaloo to whom this matter is docketed for a date to be fixed by the Judge’s Team.