Appeal Court reinstates NOVO’s border control claim

In a landmark ruling, the Court of Appeal has reinstated NOVO Technology’s multimillion-dollar claim against the Airports Authority of Trinidad and Tobago (AATT), overturning a High Court decision that had dismissed the case as an abuse of process. The appeal, presided over by Justices Peter Rajkumar, Ronnie Boodoosingh, and James Aboud, unanimously found that NOVO’s second claim, filed after the termination of a contract during the COVID-19 pandemic, was legitimate and not an abuse of process. The judges criticized the High Court’s earlier decision, stating that it had erred in striking out the claim. NOVO is seeking over $50 million in damages for alleged breach of contract and non-payment, following what it claims was an unlawful termination by the AATT under a force majeure clause. The Court of Appeal emphasized that the doctrine of abuse of process should only apply where a defendant can demonstrate oppression or harassment, which the AATT failed to prove. The court ordered the consolidation of NOVO’s first and second claims, remitting the case to a new High Court judge for case management and trial. The ruling also highlighted that the matters in dispute arose after the initial suit was filed, making the second claim a genuine subject of litigation. Additionally, the court ordered the AATT to pay NOVO’s legal costs, totaling $262,500. This decision paves the way for the continuation of the airport modernization project, which includes the installation of eGates, boarding gates, and automated kiosks designed to streamline immigration processing and reduce passenger wait times. NOVO has previously implemented similar border control systems in Guyana, significantly improving efficiency and traveler convenience.