Devant Maharaj (Appellant) v National Gas Company of Trinidad and Tobago (Respondent) (Trinidad and Tobago)

Case summary

Case ID

JCPC/2024/1001

Jurisdiction

Trinidad and Tobago

Parties

Appellant(s)

Devant Maharaj

Respondent(s)

National Gas Company of Trinidad and Tobago

Issue

What is the proper approach to the public interest balancing exercise required by section 35 of the Freedom of Information Act (“the FOIA”) where an applicant has requested disclosure of information from a public authority and the public authority considers there to be an applicable exemption?

Facts

On 18 December 2019, the Appellant made 12 requests under the FOIA for the disclosure of various documents relating to the proposed construction of a nine-kilometre natural gas pipeline between the offshore Dragon natural gas field in Venezuela and the Hibiscus natural gas platform in Trinidad and Tobago (“the project”). These included, for example, documents relating to the costs, economic viability, environmental impact, legal consequences and other details of the project. On 6 February 2019, the Respondent rejected the requests, either by citing certain exemptions under the FOIA, in particular sections 36, 29, 31 and 33, or explaining that the requested documents did not exist. The Appellant challenged the rejection by way of judicial review, arguing that section 35 of the FOIA required the Respondent explicitly to consider whether access to the documents was justified in the public interest, having regard to any benefit or damage that may arise from such disclosure. The High Court dismissed the Appellant’s claim for judicial review. The Court of Appeal (by a majority of two to one) dismissed the Appellant’s appeal, as well as a cross-appeal by the Respondent by which it argued that it was not a “public authority” for FOIA purposes. The Appellant now appeals as of right to the Judicial Committee of the Privy Council.

Date of issue

6 December 2024

Case origin

Appeal As of Right

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