The T&T Table Tennis Association (TTTTA) has been granted an urgent hearing of its appeal against an injunction blocking its selections for this year's Commonwealth Games.
Delivering an oral ruling at the Hall of Justice in Port-of-Spain yesterday morning, Appellate Judge Nolan Bereaux agreed with the TTTTA's attorneys that the appeal should be treated expeditiously.
Immediately after a hearing before a full panel of judges was scheduled on Friday, attorneys for former national players Dexter St Louis and his step daughter Rheann Chung made an oral application for leave to file cross appeal. However, it was denied by Bereaux.
In its appeal, the association is claiming High Court Judge Eleanor Donaldson-Honeywell made palpable errors when she granted St Louis and Chung the injunction on January 31.
In addition to failing to give reasons for her decision, the association is complaining that Donaldson-Honeywell misinterpreted the case before her.
"The learned judge failed to appreciate properly or at all that the tenor of the claimants' evidence for injunctive relief was based on an improper motive that they were not the athletes selected to participate in the Games, then no one else should attend," the association's attorneys said in their ground for the appeal.
The only part of Donaldson-Honeywell's decision not under challenge is her refusal to grant St Louis and Chung an order compelling the association to refer the dispute to T&T Olympic Committee (TTOC)'s arbitration tribunal.
The judge had agreed with the association, that it had the sole remit to refer the issue for alternative dispute resolution.
In the event that Donaldson-Honeywell's decision is overturned, St Louis and Chung still have a lifeline as their substantive case against process used by the association to make its selections is still set to go to trial before her on March 5.
St Louis, 50, and 33-year-old Chung are questioning the process used by the association to select 19-year-old Aaron Wilson and 21-year-old Yuvraj Dookram to the team and Arun Ramnarine as reserve for the games.
The event will be held in Gold Coast, Queensland, Australia, between April 5 and 15.
They are seeking damages for breach of contract, conspiracy and unlawful interference.
In defence of the lawsuit, the TTTTA is claiming that the duo was informed via email of the selection criteria and chose not to participate.
It is also alleging that they only decided to challenge the process after it was completed.
The TTTTA is also claiming that it had closely followed the TTOC's guidelines and deadlines for selection, which focuses on youth participation.
St Louis and Chung are being represented by Mathew Gayle, Sheriza Khan
and Dr Emir Crowne, while Dinesh Rambally, Kiel Tacklalsingh and Stefan Ramkissoon are representing the TTTTA.