GEORGETOWN–Guyana's acting Chief Justice Ian Chang is set to make a ruling later this month on the injunction brought by the Guyana Cricket Board against the West Indies Players Association and its chief executive Dinanath Ramnarine. This follows a preliminary objection put forward on Thursday by attorney Anil Nandalall, who is representing WIPA, Ramnarine and player management company, WIPMACOL. Chief Justice Chang heard submissions in Guyana's High Court when the two parties returned there Thursday, and is now set to make a ruling on September 13. Last month, the GCB had secured an interim injunction to restrain WIPA, Ramnarine and WIPMACOL acting on the behalf of the Champions League Twenty20-bound Guyana squad. Nandalall argued on Thursday that WIPA possessed the legal rights to conduct business on WIPMACOL's behalf and said the injunction ought to lifted, as it was causing the two organisations financial hardships and irreplaceable damage. He added that said that under the law of injunctions, the defendant should be fully compensated for what they lost and what they had to spend to during the case, if at a subsequent time it is proved that they were not in the wrong.
"Because an injunction matter is ex-parte...which means only one side is heard...the law provides for compensation if at a later stage the court is convinced that the injunction should not have been granted in the first place," Nandalall argued. He said that because of the legal technicality of not demonstrating in their affidavit their ability to pay and not giving the undertaking to do so if they lost, the injunction should be lifted. "We intend to file a security for cost application... which means we want them (GCB) to lodge money with the court before we begin dealing with the substantive matter," Nandalall said. He also stressed that a high cost would be incurred to fight this case because the defendants were from overseas and would have to travel to attend Court. WIPMACOL is registered in St Lucia while WIPA's headquarters are located in Trinidad where Ramnarine also resides.
Sanjeev Datadin, one of the lawyers representing the GCB, claimed that since Ramnarine said he does not take any money from the players he would not lose financially if the injunction remained in place. Datadin explained that the GCB's CLT20 contract was signed with the Indian Cricket Board and the members of the Guyana team and had nothing to do with WIPA. "Ramnarine is talking to the players about playing or not and on money issues and he has no right to do that since the GCB has no contract with WIPA," Datadin continued. "If the players who signed with him want to play there is nothing that WIPA can do because the GCB has no obligation to deal with WIPA even if some of the players are WIPA members." The GCB, who was represented by secretary, Anand Sanasie, has been given seven days to reply to the defendants. Ramnarine flew in from Trinidad for the hearing. CMC
