Zachary De Silva v Licensing Authority of Trinidad and Tobago and Another (Trinidad and Tobago)

Why It Matters

The ruling will determine which court hears licensing authority appeals, setting a binding precedent that affects legal strategy, case timelines, and regulatory oversight in Trinidad and Tobago.

Key Takeaways

• Determining whether High Court holds jurisdiction under section 88M9.
• Both High Court and Court of Appeal lack explicit statutory authority.
• Appellant relies on “court of competent jurisdiction” definition to argue suitability.
• Comparison with section 88H highlights differing legislative language and intent.
• Ruling will set precedent for future licensing authority appeals.

Summary

The appeal before the Supreme Court of Trinidad and Tobago centers on the proper forum for challenges under section 88M9 of the 2017 amendment to the Motor Vehicle and Road Traffic Act. The appellant argues that the High Court, not the Court of Appeal, is the appropriate "court of competent jurisdiction" to hear disputes arising from decisions of the Licensing Authority.

Key arguments focus on the absence of an express statutory grant of appellate authority to either court. Both parties cite the civil proceedings rules—part 60 for the High Court and part 64 for the Court of Appeal—as procedural mechanisms that allow either tribunal to entertain appeals from inferior bodies. The appellant emphasizes the legal definition of a competent court—jurisdiction over the person, subject matter, and the ability to grant the sought remedy—and contends the High Court satisfies these criteria.

Notable exchanges include the appellant’s definition: “A court of competent jurisdiction is one which has jurisdiction over the person, the subject matter and can give the remedy sought.” The counsel also contrasts section 88M9’s wording with section 88H, which uses language explicitly pointing to the Court of Appeal for convictions, arguing the divergent phrasing signals Parliament’s intent to designate a different forum for licensing decisions.

The Court’s construction will clarify appellate pathways for licensing authority rulings, shaping future administrative litigation and influencing how practitioners frame jurisdictional arguments. A decision favoring the High Court could streamline appeals, while affirming the Court of Appeal’s role would maintain the status quo and reinforce reliance on procedural rules.

Original Description

Zachary De Silva (Appellant) v Licensing Authority of Trinidad and Tobago and another (Respondents) (Trinidad and Tobago)

Case ID: JCPC/2022/0050

https://www.jcpc.uk/cases/jcpc-2022-0050.html

Hearing date: 20 March 2024

Session: Morning session [Session 1 of 2]

Judgment date: 25 June 2024

Neutral citation: [2024] UKPC 17