A High Court judge ruled in favour of the Minister of Trade yesterday in a matter action brought by the T&T Automotive Dealers Association (TTADA). All the claims of TTADA were dismissed and the injunction previously granted to them was discharged.
The court found that Trade Minister Vasanath Bharath, who had no legal/statutory obligation to consult with the TTADA, nonetheless engaged in extensive consultation at the formative stage of a new policy to regulate the foreign used car industry in T&T and the group's recommendations were considered throughout the process and included in the final policy.
The court also ruled that "the claimants and other dealers who have been registered, have enjoyed a monopoly in relation to the foreign used car industry and it is understandable that they would want the said state of affairs to continue, however, the defendant has no obligation in a free market and democratic society to implement policy that preserves, protects and/or accords with the claimant's desires and/or insular concerns."
"The defendant elected to engage the claimant in consultation and was bound to consider the claimant's proposals but consideration cannot be equated with the unreserved and unquestioned adoption and implementation of same."It was further noted that "in his email dated March 5, 2013, Mr Babwah petitioned the defendant for favourable treatment.
In the last two paragraphs of the said email he expressed the view that special consideration should be shown to him and vice president and that they should be given an increase in quota."The court found this disturbing and an indication that Babwah was more concerned with his own interests rather than those of the TTADA membership. It was also noted that Babwah at times tried to evade responding to questions and at other times did not give direct responses."