The High Court has refused an application for injunctive relief brought by Larry
Gonsalves, who operated the Friar’s Hill Gas Station under contract with West
Indies Oil Company (WIOC), the owners of the said service station.
According to the court records, Gonsalves sought to have the court order WIOC to
continue to provide it with oil and other related products. Effectively, Gonsalves
wanted the court to rule that he ought to continue operating the service station even
after he was given notice to return the station to WIOC according to the agreement
between both parties.
“The First Applicant (Gonsalves) and the Respondent (WIOC) entered into a
service station agreement for the Respondent to provide him with petroleum
products which included motor gas, kerosene, and diesel, lubricating oils and
greases and LGP gas.
“The First Applicant and the Respondent had previously operated pursuant to an
oral agreement but on 1st September 2004 sought to formalise the same. Although
the aforesaid parties signed the agreement there appeared to be some anomalies in
that inter alia the seal of the Respondent was not affixed and the alleged wrong
placement of the signature of the First Applicant. Notwithstanding the parties
operated under the terms and conditions of that agreement for the past 19 years,”
the High Court Judge, Jan Drysdale revealed in her 6-page ruling.
The court heard that after receiving the letter of termination, Gonsalves petitioned
the company on 28th February 2023 to provide him with one month’s worth of
petroleum products as well as severance for all 16 of his employees. The company
declined his request in a letter dated 26th April 2023 and both parties reached a
verbal agreement to extend the lease until August 31, 2023. This was formalized in
a letter of August 18, 2023.
Justice Drysdale has questioned the time that Gonsalves took in making his
application before the court, noting that his concerns seemed more about
compensation for his employees that for the extension of the lease. Neither, she
added, did he raise an alarm over the termination of the lease.
After careful review of the arguments submitted by both parties, the judge made
the final ruling;
IT IS HEREBY ORDERED THAT:
1. The application for interim relief is refused.
2. The Applicant shall pay the Respondent costs in the sum of $1,500.00.
3. The First Applicant shall have carriage of this order
Gonsalves was represented by Dr. David Dorsett and Jarid Hewlett while WIOC
was represented by Dr. Errol Cort and Claneisha Gumbs. The case was heard in
chambers.
