Yannick Beazer v Barbuda Council

• Jurisdiction: Caribbean States
• Court: Eastern Caribbean Supreme Court
• Judge: Gardner Hippolyte, M.
• Judgment Date: 17 May 2022
• Judgment citation (vLex): [2022] ECSC J0517-1
• Docket Number: Claim No: ANUHCV2019/0198

Between:

Yannick Beazer

Claimant

and

Barbuda Council

Defendant

Claim No: ANUHCV2019/0198

IN THE EASTERN CARIBBEAN SUPREME COURT

IN THE HIGH COURT OF JUSTICE

Appearances:

Wendel Robinson, Counsel for the Claimant

Justin Simon QC, Counsel for the Defendant

DECISION

Gardner Hippolyte, M.

1 This is an assessment of damages for breach of contract pursuant to an agreement between the Claimant and the Defendant for a period of four (4) years.

Background

2 On the 1 ^st December, 2017 the Claimant entered into an agreement with the Defendant to transport materials for the Defendant's works on a weekly basis. Additional services were also included verbally for the Defendant to do all tasks assigned. The terms of the contract are brief and are reproduced as follows:

“ CONTRACTUAL AGREEMENT BETWEEN THE BARBUDA COUNCIL AND MR. YANNICK BEAZER OF CODRINGTON BARBUDA

Scope of work: The transportation of Materials for the Barbuda Council Works Department on a weekly basis.

Such works to be carried out Mondays to Saturdays each week. The consideration for the performance of the service will be $2,500.00 weekly over a six days work week.

The duration of this contractual agreement will be for four years in the first instant. These terms are mutually accepted and agreed by both parties.

For the Barbuda Council		ANNE BEAZER
	K NEDD
Mr. Yannick Beazer		YANNICK BEAZER”

3 There is no date on the contract but the Claimant in examination-in-chief gave evidence that the contract commenced 1 ^st December, 2017. Under cross examination the Claimant agreed the document was not dated and it did not have a commencement date. The fuel and maintenance of the truck was covered by the Claimant and the Barbuda Council organised a driver.

4 The Claimant's claim is that from 26 ^th March, 2018 to 4 ^th December, 2018 the Defendant failed to make payments to him totalling $74,500.00 and that despite repeated requests no payments were made. Additionally on the 5 ^th December, 2018 the Claimant's attorney wrote to the Defendant requesting said outstanding payments and return of the truck. The letter addressed to W. Burton indicates that as a result of the outstanding payments the Claimant “ indicated that he wish to cease all operations with the Council, thus bringing to an end on the basis of your breach for non-performance.” (My Emphasis)

5 The Defendant filed an acknowledgement of service but failed to file a defence and judgment was granted in default of defence on the 18 ^th October, 2019 for the sum of $74,500.00 and damages for breach to be assessed. The matter went to mediation and the Defendant agreed to pay $76,511.23 1 and the damages for breach of contract was not resolved. At the hearings for the assessment of damages for the breach of contract the Court heard from the Claimant and Knacyntar Nedd.

6 The Claimant indicated that he entered into the agreement with the Barbuda Council to transport materials at the rate of $2,500.00 a week. Barbuda had been “hit hard” by a hurricane in September of that year and the main reason for the contract was the removal of debris. The Claimant as a result of the agreement purchased a truck from Harney Motors and his repayments were $1,350.00 for four years. He then had to renegotiate the payments to $800.00 for 7 years when the contract with the Council was breached. The total amount to be expended in reference to the truck is $67,200.00.

7 The Claimant states the total amount now due and owing to him under the contract is $520,000.00. Having been paid one year of the contract, the balance the Claimant is now seeking is $390,000.00.

8 The additional witness for the Claimant indicated that she was the Chair of the Barbuda Council and one of the signatories to the contract. That the main purpose of the contract was to dispose of waste, trees, debris and other bulk waste which was a result of hurricane Irma in 2017. Ms. Nedd confirmed that Mr. Beazer was hired for six days a week but sometimes worked seven and that his rate of pay was $2,500.00. Additionally, she stated that the Claimant honoured his side of the agreement.

9 The Defendant had two witnesses and they were initially present when the case started but they were unavailable later in the day when the case was recalled on the 1 ^st February, 2022 due to

schedule commitments and technical difficulties. The hearing of their evidence was scheduled to the 1 ^st March, 2022 and on this occasion the witnesses were not...