December 22 2014
START DATE
END DATE
March 19 2015
The Corporation of Hamilton v. The Attorney-General The Minister of Home Affairs The Ombudsman of Bermuda
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
The Supreme Court of Bermuda
CIVIL JURISDICTION MUNICIPAL LAW CONSTITUTIONAL LAW
IAN R.C. KAWALEY CJ
Eugene Johnston Dawn Johnston
Gregory Howard Alan Dunch
FACTS OF THE CASE:
The Corporation of Hamilton challenged amendments to the Municipalities Act 1923 that allowed the government to collect wharfage fees and cancel contracts previously under the Corporation?s control claiming these were unconstitutional. The Minister of Home Affairs assumed temporary stewardship over the Corporation citing a breakdown in municipal governance which led to a legal dispute over the authority to continue litigation against the government.
SUMMARY:
Whether the Corporation had the authority to commence proceedings and whether the Minister's stewardship notice conferred authority to seek leave to discontinue the proceedings
OUTCOMES:
The proceedings were found to be commenced with due authority. The stewardship notice did not confer the Minister the authority to discontinue proceedings. However a stay was granted until the deadlock within the Corporation's governance is resolved.
RULED IN FAVOUR OF:
Stay order implies neither party fully prevails but maintains status quo
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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The Corporation of Hamilton v. The Attorney-General The Minister of Home Affairs The Ombudsman of Bermuda
The Corporation of Hamilton challenged amendments to the Municipalities Act 1923 that allowed the government to collect wharfage fees and cancel contracts previously under the Corporation?s control claiming these were unconstitutional. The Minister of Home Affairs assumed temporary stewardship over the Corporation citing a breakdown in municipal governance which led to a legal dispute over the authority to continue litigation against the government.