On November 6, Madam Beharry dismissed the $125M lawsuit for failure to comply with a Case Management Timetable along with an Order for prescribed costs.
Nandlall is asking that the decision be set aside and wholly reversed.
According to court documents, Nandlall said the Learned Hearing Judge erred and misdirected herself in law when she struck out the proceeding on the basis that he failed to comply with a Case Management Timetable.
He contends that the Learned Hearing Judge erred and misdirected herself in law when she failed to give effect or incorrectly applied the Overriding Objective of the Civil Procedure Rules, which is to enable the Court to deal with cases justly.
He also argues that the Learned Hearing Judge erred and misdirected herself in law when she, in the exercise of her discretion, resorted to the ultimate and irreversible sanction of dismissal of the proceedings, rather than impose other sanctions available under the Civil Procedure Rules and which could have been appropriately imposed in the circumstances.
Nandlall is contending that the lawfulness of the exercise is compounded and exacerbated by the fact that this was a first instance of non-compliance by him with timelines stipulated by the Court at the Case Management Conference.
He argued too that the Judge failed or refused to take into account that he had already prepared all the requisite documents and therefore same could have been filed and served upon the other side the very day, were leave granted by the Court to do so.
Nandlall maintains that the decision of the Learned Hearing Judge in dismissing the Proceeding is erroneous, unlawful, oppressive, contrary to the rules of natural justice and violative nArticle 144 (8) of the Constitution of the Cooperative Republic of Guyana, illegal, null, void and of no effect and bad in law.
Nandlall was suing Williams to the tune of $125M for slander after he repeatedly claimed that Commonwealth Law Reports were stolen by him (Nandlall).
Nandlall has repeatedly explained however that the books were acquired by him under an arrangement with President Donald Ramotar and in regard to his appointment as Attorney General and Minister of Legal Affairs.