Delta petroleum gets green light to access seized fuel & tank
The civil appeal was heard by Honourable Justices of Appeal Louise Blenman, Ola Mae Edwards and Davidson Baptiste, having been entered on September 23, 2013.
The appeal entered by the company had sought a stay of execution of the judgment of Justice Vicki Ann, Ellis, which was delivered on February 14, 2013. According to the consent order, the respondent/applicant may convert the petroleum condemned as fortified by Ellis into money by way of sale.
This means the Commissioner of Customs shall by license enable Delta Petroleum to use the tank condemned as forfeited by the aforesaid judgment of the court.
The said tank is to be available for use by Delta Petroleum (Caribbean) Ltd to supply electricity to the Territory pending the outcome of final judgment of the Court of Appeal in Civil Appeal No 2013/0008.
The court has, however, ordered also that the Commissioner of Customs must hold the proceeds of the sale and bond, lease or lease or licence (or by whatever other means the court deems appropriate) in an interest accruing escrow account in accordance with the Public Finance Management Act, 2004 and thereafter, the Commissioner of Customs shall deal with the said proceeds in accordance with the final judgment of the court of a Appeal in Civil Appeal No 2013/0008.
Delta Petroleum was granted fourteen days from the granting of the license to properly prepare the tank for the storage and the supply of fuel to the BVIEC.
There was no order as to cost.
This order was seen as a major move ahead for Delta Petroleum (Caribbean) Ltd as they have been constantly banging at the doors of the Appeals Court in pursuit of the consent order.
13 Responses to “Delta petroleum gets green light to access seized fuel & tank”
You are correct.From all indication there was a reasonable decision to have the fuel sold instead of just having there stagnant.After it has been sold,the commissioner will place a bond on the proceeds.No victory yet for anyone.