John Calder Hart (Respondent) v Dr Myron Wing-Sang Chin (Appellant) (Trinidad and Tobago)

Hearing listed

Case summary
Appeal
Change log

Case summary

Case ID

JCPC/2023/0109

Jurisdiction

Trinidad and Tobago

Parties

Appellant(s)

Dr Myron Wing-Sang Chin

Respondent(s)

John Calder Hart

(1) The Commission of Enquiry, (2) Anthony Farrell, (3) Attorney General

Issue

In what circumstances are Commissioners to a Commission of Enquiry required to give notice to individuals that it intends to criticise them in its report?

Facts

The appellant was a Commissioner of a Commission of Enquiry into the “entire process which led to the construction of the Law Alturas Towers at Lady Young Gardens” (the “Commission”). The other Commissioners have since died. Mr Hart, the respondent, was the chairman of the Urban Development Corporation of Trinidad and Tobago (“UDeCott”). UDeCott was responsible for the acquisition of land and the development of the housing project. The Commission was established in 2014 following the failure of the project. The Commissioners contended that Mr Hart refused to give evidence when requested. The Commission’s report included several findings which were critical of Mr Hart. The Commission did not give advance notice to Mr Hart that he would be subject to criticism. Mr Hart filed an application for judicial review in 2016 and gave further submissions in 2018. Mr Hart disputes that he refused to give evidence and contends that he ought to have been given notice of the Commission’s intention to criticise him. The Commissioner’s principal position in response was that there was no obligation to give Mr Hart notice of adverse findings, where Mr Hart had decided not to give evidence to the Commission. The High Court dismissed the claim for judicial review both on the merits of the claim and on the basis that Mr Hart improperly expanded upon his grounds of claim. The Court of Appeal subsequently overturned that dismissal and allowed the appeal. Dr Chin now appeals against that decision to the Judicial Committee of the Privy Council.